Administrative Appeals in Spanish Law: A Guide
Administrative Appeals in Spanish Law
Recurso de Alzada (Ordinary Appeal)
This appeal is filed against acts referred to in Article 107 of the LRJPAC (Law Regulating Administrative Jurisdiction and Common Administrative Procedure). Citizens have one month to file if the act was expressly notified or three months if it was implied, starting the day after the administrative silence takes effect.
If no action is taken within this period, the act becomes firm and unassailable, except for special action review and ex-officio revision. The Administration has three months to address the appeal. If no decision is made, the appeal is rejected by negative silence.
Exception to the Rule of Rejection by Administrative Silence (Art. 43.2 LRJPAC): If an application is rejected by administrative silence and the individual files an appeal, and the legal term passes without a resolution, the appeal is deemed estimated. This punishes the Administration’s double silence, admitting the appellant’s claims.
The ordinary appeal follows administrative procedure rules. The resolution can be fully or partially estimated, dismissed, or declared inadmissible. After the resolution, no further administrative appeals are possible, except for the extraordinary review remedy (Art. 118 LRJPAC).
Recurso Potestativo de ReposiciĆ³n (Optional Appeal for Reconsideration)
This appeal allows citizens to seek free review of certain acts without imposing the burden of filing a lawsuit (Art. 116 LRJPAC). It applies to acts appealable through this remedy or directly through contentious-administrative courts.
Key Differences from Recurso de Alzada:
- The ordinary appeal applies to acts that do not end administrative proceedings, while the reversal remedy applies to those that do.
- The same body that issued the act resolves the appeal, not a higher authority.
- It is optional and not a prerequisite for judicial review.
The filing deadline is one month for express acts and three months for implied acts (Art. 117.1 LRJPAC). The resolution must be adopted and notified within one month (Art. 117.2 LRJPAC).
Unlike the ordinary appeal, silence leads to dismissal and expedites judicial proceedings, without prejudice to the possibility of an extraordinary review remedy (Art. 117.1 and 3 LRJPAC).
Extraordinary Review Remedy
This remedy is available only in specific cases defined by law and based on limited grounds (Art. 118 LRJPAC). It ensures the correctness of administrative decisions when acts are otherwise considered firm and unassailable.
Grounds for Extraordinary Review:
- Errors of fact.
- New essential documents demonstrating the decision’s error, even if discovered after the resolution.
- Resolution influenced by documents or testimonies declared false by a final court judgment.
- Resolution issued due to breach of trust, bribery, violence, fraud, or other criminal offenses declared by a firm court order.
The appeal is filed with the body that issued the contested decision. The deadline is four years from notification for errors of fact (Art. 118.1 LRJPAC) or three months from the discovery of new documents or the court ruling in other cases.
Resolution requires a report from the State Council or the relevant advisory body of the Autonomous Community. The deadline for resolution is three months. This remedy is compatible with ex officio revision or correction of errors (Art. 118.3 LRJPAC).