A Guide to Administrative Procedures and Appeals
Processing
You can apply for the suspension of action that we are using. Administrative decisions are executed immediately but may be suspended when the person using them claims that the contested decision can cause damage.
The appeal is resolved with the information already provided in the file. However, if there is new information or evidence, the person using it has the right to submit it.
The proceedings end in two ways:
- Through a specific resolution accepting or rejecting the appeal.
- Through the course of time to settle up, that is, three months for the appeal, and a month for replacement.
Types of Procedures
The rankings of procedures are manifold, but we will highlight two types:
Procedures by Type
- Administrative procedure common: This is the generic procedure for any action by the Administration. The procedure is generally applicable to administrations.
- Administrative procedure special: There are specific procedures, with different rules. For example, the tax procedure has specific rules; other examples are those that regulate sanctions or the responsibility of management.
Depending on the Type of Administration
- Administration of the State: The administrative procedure is general for all the national territory. The constitution establishes the jurisdiction of the State to establish general principles. Therefore, state management is governed by the law in regard to the generic aspects.
- Administration of the autonomous communities and cities: These administrations have special characteristics which must respect the general procedure established by the State.
Processing
You can apply for the suspension of action that we are using. Administrative decisions are executed immediately but may be suspended when the person using them claims that the contested decision can cause damage.
The appeal is resolved with the information already provided in the file. However, if there is new information or evidence, the person using it has the right to submit it.
The proceedings end in two ways:
- Through a specific resolution accepting or rejecting the appeal.
- Through the course of time to settle up, that is, three months for the appeal, and a month for replacement.
The Special Appeal for Review
Once a resolution is firm, the general rule is that you cannot revisit it. The goal is to provide it with legal certainty.
The special appeal review is for reviewing decisions that are already strong. These are:
- Cases where a mistake of fact has been made in making the determination. That is, there is a contradiction between the content of the resolution and the file.
- Cases where documents of intrinsic value occur, even if subsequent evidence of the error of that decision.
- Cases where testimonies declared false by a definitive judicial sentence have influenced the resolution.
- Cases where the decision had been issued as a result of corruption, bribery, or violence and declared so under a court order.
The term is double: in the first case, the term is four years, and in the other, three months.
Invalidity and Nullity of Administrative Acts
We distinguish three types:
Invalidity
This causes the annulment of the administrative act. It is a defect that cannot be remedied in any way. It can be assessed automatically for the authorities themselves or requested by stakeholders.
Examples of invalid acts:
- Acts that violate fundamental rights.
- Acts dictated by a manifestly incompetent court.
- Those that have impossible content.
- Those that are establishing a criminal offense.
- The total issued.
- The acts that are acquired faculties.
- The administrative provisions that violate the constitution.
Nullity
These are voidable administrative acts that commit any violation of the law, including the misuse of power.
Vices Are Not Disabling
Not all errors involve the nullity of the administrative act.
Types of Resources
To understand the types of resources, you must first analyze the concept of the administrative order.
The law states that the following exhaust administrative remedies:
- The resolutions of the resources that are set by law.
- The decisions of higher bodies lacking a superior.
- All other resolutions of administrative organs, when a statute so provides.
- The memories, pacts that have finalizers considering the procedure.
Two types of resources:
Resources of Appeal
This remedy is resolved by the higher administrative body.
- Appeal for review.
- Go directly to court.
The term is three months to resolve the appeal.
Resources for Review
This is solved by the same body that issued the order.
- The administration is not due to rule on the action for a month.
- By law, it may replace both resources.
Claims Prior to the Civil Courts and Labor
When an individual intends to sue another, it is often asked in court. We must raise a prior, i.e., file a brief reporting to the relevant administration of the existence of a conflict.
Two Types of Claims:
Pre-claims Civil Courts
The claim must be brought before the body. It should be resolved within three months. There are two options:
- That the administration did not answer within that time, the silence is negative, the claim will be denied.
- That the administration responds within the statutory period; if the answer is positive, it is estimated that the request will end there.
Claims Pre-employment Route
In labor disputes, the general rule is that, before suing a company, a reconciliation must be raised prior to the organs of balance.
Once filed, the deadline is a month.