Administrative Acts: Validity, Nullity, and Annulment
Validity and Invalidity of Administrative Acts
The legal system imposes consequences for invalid administrative acts. The law provides for three degrees of invalidity:
- Nullity
- Annulment
- Non-disabling irregularities
Differences Between Nullity and Annulment
- A null and void act means that it has never legally existed. When there is a ruling declaring its invalidity, it cancels all the consequences and effects that this act caused during its term. This is expressed by the maxim “quod nullum est, nullum producet effectum” (that which is null produces no effect).
- In appeal proceedings, the effects of an annulled act remain but can no longer be applied. The withdrawal of the act stems from the judgment.
- The verdict declaring the nullity of an act has a declarative effect. It simply recognizes that the administrative action was null and void from its origin.
- The verdict declaring the annulment of an act has constitutive effects. This means that it is from the time of the judgment that the administration can no longer apply the act.
- There is no time limit to declare an act null and void.
- To declare an act voidable, there are deadlines: one month for administrative appeals and two months for municipal ordinances.
Causes of Invalidity of Administrative Actions
The nullity of acts is the exception to the rule. An act is considered null and void when the law explicitly states so. The assumptions of invalidity are outlined in Article 62 of Law 30/92:
- Acts that violate fundamental rights and freedoms eligible for amparo appeal before the Constitutional Court (Articles 14 to 30 of the Spanish Constitution).
- Acts issued by a body that is incompetent due to the subject matter or territory are automatically void. For example, the expulsion of a foreigner by a mayor or the closure of a factory in a neighboring municipality.
However, an act issued by a body that is incompetent due to hierarchical reasons is voidable but not automatically void. For instance, if the Minister for Public Administration has the authority to enact a law on Civil Service, and a Secretary or Director-General issues it instead, this action is voidable upon appeal and can be corrected by the superior body.
- Acts with impossible content, whether physically, legally, or materially, are automatically void. For example, an obligation to walk faster than 20 km/h in a village.
- Acts that constitute criminal offenses are automatically void.
- Acts issued bypassing the established procedure are automatically void.
Only three scenarios under this article are automatically void:
- When no procedure is followed.
- When a procedure is used but an essential step is omitted.
- When a procedure does not respect the provisions of the regulations.
- Violation of essential rules for the formation of collective bodies’ will, as stated in Article 62, results in automatic nullity. In public administration, there are two types of bodies: collegiate and sole proprietorships. Acts are void if they breach essential rules, as per Articles 22 to 27 of Law 30/92, including:
- The agenda of the meeting (matters not on the agenda cannot be discussed, nor can questions and answers be addressed).
- The proper constitution of the body (there must be a chairman, a secretary, and a quorum, meaning a minimum number of members).
- The rules of voting.
- The minutes of the meeting.
- Acts that are allegedly against the legal order are automatically void. For example, records obtained by administrative silence through the review of invalid acts may be removed from the legal system.
- Acts are automatically void in other cases provided by law.
Causes of Annulment (Article 63)
Any other breach of law, including misuse of power, can lead to the annulment of an act.
Irregularities Without Legal Consequences (Article 63.2)
The law states that certain irregularities do not affect the administration if they do not cause any defenselessness to citizens.