Spanish Administrative Procedures: A Guide to Articles 35, 36, 45, & 59

Posted on Sep 1, 2024 in Law & Jurisprudence

ART REPORTING PRACTICES 59. 30/92

  1. Notifications will be practiced by any means that provide a record of receipt by the applicant or their representative, including the date, identity, and content of the notified document. The accreditation notification shall be recorded in the case file.
  2. In proceedings initiated at the applicant’s request, notification shall be executed at the place designated for this purpose in the application. When this is not possible, notification will be executed at any suitable location and by any means as provided in paragraph 1 of this article.
  3. When service is carried out at the home of the person concerned, and they are not present at the time of service, it may be delivered to any person found at home after ascertaining their identity. If no one is available to receive the notification, this fact shall be recorded in the file, along with the date and time of the attempted notification. This attempt will be repeated only once at a different time within three days following.
  4. When the applicant or their authorized representative rejects the notification of administrative action, this shall be recorded in the file, specifying the circumstances of the attempted notice, and the procedure will be deemed to continue accordingly.
  5. When interested parties in a procedure are unknown, their place of service is unknown, or the means referred to in paragraph 1 of this article cannot be used, notification will be made by means of notices on the City Hall bulletin board, in the Official Gazette of the Autonomous Region or the Province (depending on the Administration responsible for the notification), and in the area of jurisdiction where the notification originated. If the last known address is located in a foreign country, the notification shall be given by publication on the bulletin board of the relevant Consulate or Embassy Consular Section. Public administrations may establish other complementary forms of notification through other media, which do not exclude the obligation of notification under the preceding two paragraphs.
  6. Publication, under the terms of the following article, will replace notification for its intended purposes in the following cases:
    1. When the act is addressed to a plurality of unspecified persons or when the Administration considers that notice given to a single subject is insufficient to ensure notification to all. In the latter case, this publication will be in addition to the individual notification.
    2. When the acts are related to an elective procedure or a competition of any kind. In this case, the notice of the proceedings shall be posted on the bulletin board or in the media where successive publications are made. Notices that are carried out in different places are not valid.

ART LANGUAGE OF PROCEEDINGS 36. 30/92

  1. The language of proceedings conducted by the General State Administration will be Castilian. However, interested parties who contact the bodies of the General State Administration based in the territory of an Autonomous Region may also use the other official language of that region. In this case, the proceedings shall be conducted in the language chosen by the person concerned. If there are multiple interested parties in the proceeding and there is disagreement on the language, the proceedings shall be conducted in Castilian, although the documents or testimony required by the concerned parties shall be issued in the language chosen by them.
  2. In proceedings conducted by the authorities of the Autonomous Communities and Local Government, the use of language will be adjusted as provided in the corresponding autonomous legislation.
  3. Public administration instructors should translate into Castilian documents, files, or parts thereof that are to be enforced outside the territory of the Autonomous Community and documents addressed to interested parties who specifically request them. If a document is to take effect in the territory of an Autonomous Community where the same co-official language other than Castilian is used, translation is not required.

CITIZENS LAW ART 35. 30/92

Citizens, in their dealings with the government, have the following rights:

  1. To know, at any time, the status of processing procedures in which they have the status of stakeholders, and to obtain copies of documents contained in them.
  2. To identify the authorities and staff responsible for the government procedures being processed.
  3. To obtain a sealed copy of the documents submitted, along with the originals, and the return of the originals, except when the originals are required for the proceeding.
  4. To use the official languages in the territory of the Autonomous Community, in accordance with the provisions of this Act and other legislation.
  5. To make arguments and produce documents at any stage of the proceedings before the hearing procedure, which must be taken into account by the competent body when drafting the proposed resolution.
  6. To avoid presenting documents not required by the applicable procedural rules or already in the possession of the acting Administration.
  7. To obtain information and guidance on legal and technical requirements imposed by existing provisions on the projects, actions, or applications they propose to undertake.
  8. To access records and archives of the government as provided in the Constitution and other laws.
  9. To be treated with respect and deference by the authorities and officials, who will facilitate the exercise of their rights and the fulfillment of their obligations.
  10. To enforce the accountability of public administrations and their personnel, as appropriate by law.
  11. Any other rights recognized by the Constitution and Laws.

Relationship Between Citizens and Administration (Telematically) – Incorporation of Technical Means

ART 45. 30/92

  1. The government will promote the use and application of electronic, computer, and communication techniques and media for the development of its business and the exercise of its powers, with the limitations on the use of these media under the Constitution and Laws.
  2. Documents issued by Public Administrations, regardless of their medium (electronic, computer, or telematic), or copies of originals stored by such means, enjoy the validity and effectiveness of the original document, provided that authenticity, integrity, and preservation are guaranteed, and, where applicable, receipt by the interested party and the fulfillment of the guarantees and requirements of this or other laws are ensured.