Administrative Appeals under the LRJPC
The Appeal for Reversal (Art. 116 LRJPC)
Administrative acts concluding the administrative process can be challenged through reinstatement to the issuing body or directly before the administrative court. The optional administrative appeal allows the administration to reconsider before judicial review. This primarily guarantees citizens’ rights and allows the administration a final review.
This appeal applies only to acts ending the administrative level, except for orders in prior appellate proceedings (Art. 115.3 LRJPC), where only judicial recourse is possible. The appeal timeframe is one month from notification or publication. For implied acts, it extends to three months from the silence effect’s start (the first workday following the decision deadline). Filing the appeal doesn’t preclude judicial recourse (two to six months, depending on the contested act).
The deadline for deciding and notifying the appeal decision is one month.
The Remedy of Appeal (Art. 114 LRJPC)
This action applies only to resolutions and qualified prior acts not ending administrative channels. It’s directed to the superior body of the issuing court or, for autonomous bodies, to the attached organ or the one appointed by its president.
Article 114.2 LRJPC allows filing before the issuing body or the competent resolving body. In the former case, a reasoned report should be referred to the latter within ten days. The filing period mirrors the administrative appeal. However, the decision and notification deadline extends to three months if the competent body differs from the initial one.
While administrative silence generally implies rejection (Art. 43.2 LRJPC), in appeals against implied acts, silence implies upholding. This doesn’t extend to reversal appeals lacking specific provisions. Only special review is available against appeal decisions, with general recourse being judicial review. Unlike reversal appeals, exceeding informal appeal deadlines prevents judicial recourse, as this remedy is mandatory and pre-judicial.
The Extraordinary Remedy of Revision (Art. 118 LRJPC)
Unlike regular appeals, this remedy corrects injustices caused by flawed but firm events, where appeal deadlines have passed or been dismissed. Article 118.3 LRJPC also allows urging official review or correction of material or arithmetic errors, ensuring compatibility.
This appeal’s extraordinary nature stems from its limited application (Art. 118.1 LRJPC): clear errors from filed documents; appearance of key error-demonstrating documents; false documents or witness influence; resolutions involving criminal offenses.
The appeal is filed before the issuing court, which also resolves it. The filing deadline is four years post-notification for the first case and three months in others, counted from document discovery or the finality of the crime-declaring judicial decision. Deemed dismissal occurs if no resolution is issued and served three months after proceedings.
The State Council or equivalent autonomous body’s intervention is mandatory, but its opinion isn’t binding. This doesn’t apply to inadmissibility declarations, based on prior dismissal of similar resources or reasons beyond Art. 118.1 LRJPC. The appeal decision must address both its origin and the underlying issue, ensuring procedural economy.