Spanish Administrative Law: Procedures and Appeals

Spanish State and Law

Spanish State: State of law, which means that all public authorities are subject to the law.

Types of Administrations

• The General Administration of the State (AGE).
• The Administrations of the Autonomous Communities (CCAA).
• The entities comprising the Local Administration.
• Public Entities dependent on the State, the CCAA, or local bodies.

Excluded Affairs in Administrative Courts

The cases that are processed in other jurisdictions include:

• The military discipline appeal.
• The conflict between the courts and the Public Administration.
• Conflicts between two administrations.

Administrative Inactivity Recourse

This occurs when a general provision is required to perform a particular benefit for a person or persons, and this action is not carried out.

Parties Involved in a Contentious-Administrative Process

• The Administrative Act Author: The Administration that issued the act.
• The Claimant: The person who believes their rights and interests are affected.
• Attorney: The person responsible for defending the interests of the claimant.
• Solicitor (Procurador): The person in charge of representing the claimant in the courts.

Administrative Appeal

This is when the citizen petitions a public Administration requesting the amendment or cancellation of an administrative act or a general provision, because they consider it harms or violates their rights.

Remedies for General Provisions

These resources are intended for the withdrawal or modification of a provision.

Recourse Against an Administrative Act

These resources seek the cancellation or amendment of a specific administrative act, which may be express or presumed.

Stages of the Contentious-Administrative Procedure

1. Presentation of the written appeal by the appellant.
2. Request for the administrative record by the Administration.
3. Formalization of the demand by the appellant.
4. Answer (Contestation) of the demand by the Administration.
5. Presentation of evidence (Proof) in the suit.
6. Sentencing by the court or tribunal.

Ending the Legal Conflict

• The Verdict: The resolution of the court or tribunal.
  • Estimate of the action: The court sides with the appellant.
  • Rejection of the appeal: The court does not side with the appellant.
  • Inadmissible appeal: The court determines the appellant lacks the legal qualifications required by law.
• Settlements (Raids): When the Administration agrees with the claimant.
• Withdrawal: When the claimant waives continuing the procedure before the sentencing court because they are no longer interested or the Administration has conceded their point.

Deadlines for an Appeal

• Recourse against general provisions (ECR): 2 months from publication.
• Recourse against express acts (Rec): 2 months from their notification to the interested party.
• Recourse against presumed acts: 6 months from when the Administration should have acted.
• Recourse against administrative inactivity: 2 months after the formal reclamation, after the 3 months have passed since the Administration was required to act.

Place of Resource Presentation

It must be presented in the court corresponding to the body that dictated the act.

Fixing the Amount of the Case

The court must indicate the amount of the issue.