Administrative resource
Introduction
The administrative appeal in Spain is the means of challenge provided for in the Law by which a legitimate subject affected by an administrative act that they consider suffers from causes of nullity or annulability, requests that it be reviewed by the same Administration. The filing of an administrative appeal is mandatory to open the jurisdictional channel. Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations regulates administrative resources in its Title 5.[1].
The filing of an appeal initiates a new administrative procedure, in which the Administration that authored the act itself reviews the legality of the act that is the object of the challenge.
Classes
There are three types of general administrative resources in Spain:
Actionable acts
Article 112 of Law 39/2015 establishes the actionable acts and provisions:
Appeals and appeals for reconsideration may be filed by the interested parties against the resolutions and procedural acts, if the latter directly or indirectly decide the substance of the matter, determine the impossibility of continuing the procedure, produce defenselessness or irreparable damage to legitimate rights and interests, which may be based on any of the grounds for nullity or annulability provided for in articles 47 and 48 of the Law.
Opposition to the remaining procedural acts may be alleged by the interested parties for consideration in the resolution that ends the procedure.
There will be no administrative appeal against general administrative provisions. Appeals against an administrative act that are based solely on the nullity of some general administrative provision may be filed directly with the body that issued said provision.
Economic-administrative claims will comply with the procedures established by their specific legislation.
Filing of appeal
Article 115 of Law 39/2015 establishes the requirements that must be met when filing the appeal:
The error or lack of classification of the appeal by the appellant will not be an obstacle to its processing, as long as its true character is deduced. Vices and defects that make an act voidable by those who caused them cannot be alleged.
References
- [1] ↑ Ortiz Sánchez, Mónica; Pérez Pino, Virginia. Léxico jurídico para estudiantes (primera edición). Tecnos. ISBN 9788430938964. |fechaacceso= requiere |url= (ayuda).