Administrative litigation: what it is, types and deadlines (2023)

Our law firm is a specialist in the filing of anySponsored linksbefore the courts.

If you have been harmed by an illegal or unfair administrative resolution, we can help you accordingly.

We have professionals with extensive experience in all types ofadministrative proceduresthat will analyze the legality of the challenged decision or action.

Can you send us the administrative decision? Let's analyze theadministrative actand fight to have it annulled or modified with solid arguments and that can be defended before the Contentious Administrative Court.

If you want to make a contentious administrative appeal, you can consult us without obligation, by calling the telephone665 49 23 96or sending a form commenting on your case.

What is a contentious administrative appeal?

A contentious-administrative appeal is a legal procedure that is used to challenge the validity of an administrative decision with which you do not agree before the courts of justice.

This type of resource can be presented by any person or entity affected by adecision of the Public Administration, be it an individual, a company or another organization.

The objective of the resource is to obtain thecancellation or modificationof the administrative decision in question.

The contentious-administrative appeal is presented before the competent judge or court in matters of contentious-administrative matters and must meet a series of formal requirements and deadlines to be admitted for processing.

In the process, you canprovide evidence and argumentsto support the argument of the appellant and the affected Public Administration is allowed to present its defense.

The final result of the resource can be thetotal or partial cancellationof the contested administrative decision, as well as the sentence to the Public Administration to pay indemnities or compensation in the event that damages or losses have been caused to the appellant.

The contentious-administrative appeal can be filed in the following cases:

• Provisionsof a general nature(direct resource).
• The express and presumed acts of the Public Administration that put an end to the administrative, definitive or procedural route.
• Againstinactivity of the Public Administrationor against their material actions.
• Acts that occur in application of the provisions of a general nature, when such provisions are not in accordance with Law.
• Heterm to file a contentious-administrative appealIt will depend to a large extent on the assumption in which we find ourselves.
• Express acts: according to article 46 of the Contentious-Administrative Jurisdiction Law, atwo month periodcounted from the day following the publication of the contested provision or the notification or publication of the act that puts an end to the administrative procedure.
• alleged acts: the term is six months, counting from the day following the day on which the alleged act occurs.

The contentious administrative appeal for inactivity of the Administration

The contentious-administrative appeal is also presented before thenegligence or lack of action by the Administrationto issue a sentence of conviction forcombat passivityand administrative delays.

Has the Court not responded to your allegations within three months?

Hearticle 25.2of the Contentious-Administrative Jurisdiction Law gives the possibility of filing a contentious-administrative appeal claim foradministrative silence, passivity or inactivity of the Administration.

This request can be requested by a legal or natural person.

Are you against an administrative decision? For this you will need a lawyer for administrative litigation.

What is the term to file the contentious administrative appeal of Law 39/2015?

It occurs last when there have beenexhausted all previous administrative channels, that is, when all possible appeals have been presented to the public administration itself and the path of dialogue and negotiation has been exhausted.

The deadlines for filing a contentious administrative appeal according to Law 39/2015 depend on the following factors:

1. When the Public Administration has issued and notified a resolution, itend to the administrative route. In these cases, the contentious-administrative appeal is presented in amaximum term two months, counted from the moment the notification was received as established in Article 46 of the Law Regulating the Contentious-Administrative Jurisdiction.
2. To appeal an alleged act, the law establishes amaximum period of six monthscounted from the moment it occurred.
3. In the event of administrative silence, the administrative process can conclude through the non-response of the Public Administration adetermined term.
4. The term can bethree monthsOnce this time has elapsed, there is a maximum period of two months for the appellant to file the appeal.

When the Public Administration does not execute the firm acts, which is when the Public Administration grants a subject a right. This case is when they do not comply with the resolution in a30 day period, then you have two months to file a contentious-administrative appeal.

When it comes to a dispute between various public administrations, the term will always be two months, but on some occasions different terms may be established.

How to file a contentious administrative appeal

The formulation of a contentious-administrative appeal must be made by alawyer specializing in administrative lawand must contain the following:

• Identification of the act that is challenged and express the cause of challenge.
• Names and surnamescomplete of the appellant, you must also carry the personal identification of the appellant.
• Date, place, identification of the means, signature of the appellant, and if necessary indicate a place for the respective notifications.
• Identification of the body, administrative unit or center to which the resource is addressed.
• You must also provide all the documents that prove your claims: representation, the act itself, and those indicated by the Law for each case.

If the appeal is filed by a representative, this must comply with the requirements and regulations established by law.

When all the provisions are not complied with, the appeal may not be admitted and the Justice Administration Lawyer will give 10 days to rectify the defect.

Types of contentious-administrative appeals

The contentious administrative resources are of the most varied.

In addition, any person can file it in defense of their interests and rights when they have been harmed.

Therefore, it is obliged to make a benefit in favor of the citizen.

There are different types of contentious administrative appeal. Among them are the following:

A. Scheme of the abbreviated contentious-administrative appeal

This one is presented invery specific subjects:

• Resolutions related to immigration and when a request for political asylum is not accepted.
• Public Administration personnel issues.
• Athletic discipline.
• For all cases that its value is not greater than thelimit of €30,000It was introduced with Law 37/2011, of October 10, on procedural streamlining measures.
• The procedure is carried out with the principles of speed, immediacy and orality.
• The intervention of a lawyer is mandatory.

This procedure starts with the announcement of the contentious administrative appeal.

When admitted, we are given atwo month periodto file the lawsuitadministrative demandaccording to article 78.2 LJCA

You also have to attach to itall the documentsthat support our request as established in article 78 of the LJCA.

And according to articles 23 and 24 of the LJCA it isthe intervention of a lawyer and solicitor is mandatory.

When the claim is admitted, the Court Clerk requests the Administration tosend the fileto the parties with a notice period of15 days to signaling in sight. (Article 78.3 LJCA).

Finally, all the people involved in theact of oral trialin accordance with article 78.5 of the LJCA (although sometimes it can be held without a hearing and is called "very abbreviated").

This procedure does not admit written questions and answers, the ratification is based on the demand, as well as on thepreambleof the plaintiff and supporting documents of his request.

If they do not admit it, they must fileappeal of supplication.

B. Outline of the ordinary administrative procedure

These are cases where you do not agree with any administrative act and the administrative route has been exhausted:

• Administrative and presumed acts.
• General provisions.
• Administrative silence.

To start the process, lawyers specializing in administrative litigation must present awrit of interposition, and if you wish with a solicitor.

Subsequently, an order is issued considering the appeal admitted andthe file will be required to the Administrationwithin a non-extendable period of 20 days under article 48 LJCA.

Once the interested parties have been summoned, the file will be delivered to the appellants, so that the claim can be deducted within 20 days.

Once the claim is admitted, the defendants will be given a period of 20 days to respond to the claim.

Afterwards, the Justice Administration Lawyer will set a day for the hearing, where the parties will process their conclusions and a sentence will be handed down.

B.1 The announcement of the contentious-administrative appeal

The procedure for filing a contentious-administrative appeal should start with thepresentation of a simple writing, in which the information related to the application of thearticle 45 LJCA.

The announcement of the contentious-administrative appeal must contain all theidentification dataof the applicant and theorgan administrativebefore which the request is addressed in accordance with Article 8 of the Law Regulating the Administrative Litigation Jurisdiction.

Also, you have to specifyinactivity of the act, the action or disposition of the Public Administration to which you wish to resort. You should also bring theattorney's signaturethat represents the appellant and if necessary the signature of the attorney.

And, if applicable, indicate theadministrative act in question that you want to challengeand all those who certify that the necessary requirements are met. All these documents are necessary to have the right topresent the contentious administrative appeal.

This procedure must be presented before the court specialized in administrative litigation, established in the national legal system. The courts are located in each locality and a central one in the autonomous communities.

To start this procedure it isthe intervention of a lawyer is mandatorycontentious administrative appeal andthe attorney is optional,when the notifications are not used, they are delivered by the lawyer.

The appearance of a solicitor and a lawyer is mandatory when the contentious-administrative appeal is requested before the corresponding chambers of theNational audience, of the superior courts of justice and the Supreme Court or before a collegiate body.

Who can file a contentious administrative appeal?

A contentious-administrative appeal may be filed by anyphysical or legal person,unions, associations, groups, entities and corporations.

The appellant holdsprocedural capacityin accordance with article 18 of the Law Regulating the Contentious-Administrative Jurisdiction, it is actively legitimized in accordance with Article 19 of the aforementioned law as it holds a legitimate interest in this appeal, with the Administration authoring the appealed action having passive legitimation.

The request can also be made by the Public Prosecutor, the Administration of each autonomous community, the State and local entities.

Where to file the contentious administrative appeal

Contentious-administrative appeals can be filed with the following public bodies:

• organs of theAdministrations of the Autonomous Communities, the physical records of any body of the General State Administration and in entities that make up the Local Administration.
• In the electronic records of the body or Administration to which the appeal is directed, in the electronic records of the Administrations of the Autonomous Communities.
• They can also be submitted to any administrative body that belongs to the General State Administration, the institutional public sector or the entities that make up the Local Administration.

For all these procedures, you can rely on our administrative litigation appeal lawyers, specialists in Administrative Law, with many years of experience in this type of case.

Other administrative resources of interest:

Administrative resources are classified according to the circumstances of each case and are as follows:

1. The administrative appeal

It is an appeal that is brought before thesame body that dictated the actor the higher hierarchical higher body that issued the contested resolution, according to article 121.2 of the LPACAP.

It is used when the decision affects individual rights and interests.

This appeal is filed against the acts and resolutions established by law, provided that theresolutions do not put an end to the administrative procedure.

2. The optional reinstatement

It ispotestative resourcestands against the acts that putend to the administrative route. It is not mandatory to go to the contentious-administrative jurisdiction.

1. If it is estimated, the procedure does not continue.
2. If it is rejected, a contentious-administrative appeal can be filed.

3. The extraordinary appeal for review

It must be filed against the firm acts in administrative proceedings, which were not challenged before the contentious-administrative jurisdiction at the corresponding time.

To file this appeal, they must be based on any of the norms established in the law.

It is addressed to the administrative body that issued the resolution or act appealed.

4. Fundamental rights protection resource

It is used to protect the fundamental rights of people before the actions of the public administration.