Administrative Appeals and Resource Classes in Law

Ordinary General Resource Classes

Ordinary General Resource classes can be filed for any reason and apply to any type of event.

Types of Administrative Appeals

• An appeal (Alzada): This is directed against acts that do not exhaust administrative remedies. It comes before the superior body of the one that dictated the act.
• Appeal of Revocation or Replacement (Reposición): This is optional, aimed at acts that exhaust administrative remedies, and is submitted to the same body that issued the act.

Extraordinary Revision Procedures

An extraordinary revision is raised against final administrative actions before the court that ruled on them, specifically where certain circumstances prescribed by law exist:

• Error of fact resulting from the documents on file.
• Essential documents appearing even at a later date.
• Documents or testimonies declared false by a final sentence.
• Prevarication, bribery, violence, or fraudulent machination leading to the final decision.

General Principles of Administrative Law

Every law establishes who the competent body is. There is only one fact to consider: the decisions of the organs must coincide with the competent bodies.

The event will involve contesting a final act (a resolution) or a qualified preparatory act. This takes place according to the governing normal rules of procedure.

Deadlines and Effects of Appeals

• Time: The deadline for appeals varies by case.
• Effects: The suspension of the act is remarkable. The mere filing of the appeal does not require the suspension of the operation of the act. However, suspension from office is possible if requested, especially if "the execution might cause damage of impossible or difficult recovery."

The challenge is based on specific causes of nullity.

Specific Procedures for Appeals

An appeal is not directed against final acts and does not exhaust administrative remedies; it is reviewed before the superior court. It may be based on any violation of the law.

The remedy of appeal may be brought before the court that issued the decision or the authority empowered to resolve it. In the first case, the court which issued the contested decision must remit the file to the settling authority, along with its report and a copy of the file, within 10 days.

Deadlines for Regular Proceedings

• The deadline for regular proceedings will be 1 month if the act is explicit.
• If the act is implicit, the deadline is 3 months from the date the effects of administrative silence occur.
• After 3 months of filing an appeal without a resolution, it can be understood as rejected. This differs from proceedings for dismissal where, during this period, the silence may imply an estimated approval.