The Abandonment of proceedings in recent Supreme Court jurisprudence

Abstract

The institution of the abandonment of the procedure has not been exempt from discussion, especially when it comes to its jurisprudential application. Its nature as a special incident has not prevented important elements of its composition from being left open and —often— contradictory by the High Courts of Justice, so that a unifying work of the Supreme Court is required. A review of several sentences handed down in the last twelve months shows that the jurisprudence seems to walk between two interpretative positions: a wide one and a restrictive other.