Administrative Procedures in Spain: A Comprehensive Guide
Administrative Procedures in Spain
This guide provides a comprehensive overview of administrative procedures in Spain, covering key aspects such as processing, appeals, special review, invalidity and nullity of administrative acts, types of resources, and pre-claims before civil and labor courts.
Processing
Administrative decisions in Spain are generally executed immediately. However, individuals can apply for suspension of action if they believe the decision could cause damage. The appeal is typically resolved based on the information in the file, but new information or evidence can be submitted.
The proceedings can end in two ways:
- Through a specific resolution accepting or rejecting the appeal.
- Through the passage of time, with a three-month deadline for appeals and a one-month deadline for replacement.
Types of Procedures
Administrative procedures can be categorized in various ways. Two key distinctions are:
- Procedures by type:
- Administrative procedure common: This is the generic procedure for any action by the Administration, generally applicable to all administrations.
- Administrative procedure special: Specific procedures with different rules exist for certain areas, such as tax procedures, sanctions, or management responsibility.
- Depending on the type of administration:
- Administration of the State: The administrative procedure is general for the entire national territory. The Constitution establishes the State’s jurisdiction to set general principles, and state management is governed by law regarding generic aspects.
- Administration of the autonomous communities and cities: These administrations have special characteristics that must respect the general procedure established by the State.
The Special Appeal for Review
Once a resolution is firm, it is generally not subject to revisiting, ensuring legal certainty. However, a special appeal for review allows for the review of decisions that are already firm in certain circumstances:
- When a mistake of fact was made in the determination, leading to a contradiction between the resolution’s content and the file.
- When documents of intrinsic value emerge, even if subsequent evidence of the error in the decision exists.
- When testimonies influencing the resolution are declared false by a definitive judicial sentence.
- When the decision was issued as a result of corruption, bribery, or violence, and this is declared by a court order.
The deadline for this appeal is four years in the first case and three months in the other cases.
Invalidity and Nullity of Administrative Acts
Three types of invalidity and nullity are distinguished:
- Invalidity: This causes the annulment of the administrative act due to a defect that cannot be remedied. It can be assessed automatically by the authorities themselves or upon request by stakeholders. Examples include:
- Acts that violate fundamental rights.
- Acts dictated by a manifestly incompetent court.
- Acts with impossible content.
- Acts establishing a criminal offense.
- Totally issued acts.
- Acts acquiring faculties.
- Administrative provisions violating the Constitution.
Types of Resources
To understand the types of resources, it’s essential to analyze the concept of the administrative order. The law states that administrative orders are exhausted when:
- Resolutions of resources are set by law.
- Decisions of higher bodies lacking superiors are made.
- All other resolutions of administrative organs are made when a statute so provides.
- Memories and pacts have finalizers considering the procedure.
Two types of resources exist:
- Resources of appeal: This remedy allows a higher administrative body to resolve the issue. Examples include:
- Appeal for review.
- Directly going to court.
The term for resolving the appeal is three months.
Resources for review: This is resolved by the same body that issued the order. The administration has one month to rule on the action.By law, both resources can be replaced.
Claims Prior to the Civil Courts and Labor
When an individual intends to sue another, a prior claim must often be filed with the relevant administration. This involves filing a brief reporting the existence of a conflict.
Two types of claims exist:
- Pre-claims civil courts: The claim must be brought before the body and should be resolved within three months. Two options exist:
- If the administration does not respond within the time limit, silence is considered negative, and the claim will be denied.
- If the administration responds within the statutory period, a positive answer means the request will likely end there.