JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following Law.

EXPLANATORY STATEMENT

I

The regulation of the legal system of public administrations and the common administrative procedure is a key element in the administration's relations with the citizens and in the satisfaction of the interests of the public. (a) General to which the Administration is to serve by constitutional mandate (103.1 EC). Both aspects are interrelated and, given their importance, are referred to in Article 149.1.18. of the Constitution, which attributes to the State the competence to regulate "the bases of the legal regime of the Public Administrations", by one side, and directly, on the other, the "common administrative procedure". It is intended to ensure that equality is ensured in the basic legal conditions of all citizens in their relations with the various public administrations.

Based on these approaches, Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure replaced the Law of Administrative Procedure of 1958, introducing a new regulation adapted to the constitutionalprinciples of the State's territorial organisation and incorporating significant advances in the relationship between administrations and citizens.

However, in the course of implementation, some problems have arisen which have led to the need for modification from a number of sectors. The proliferation of regulatory standards for administrative procedures, the problems identified in the regulation of certain articles-such as those relating to administrative silence, the review of acts or patrimonial liability-and the The abolition of the replenishment facility is common in the criticisms made in Law 30/1992, which justify its reform in the light of the proper functioning of the public administration and, above all, in the citizens, who are the recipients of his/her performance.

In this regard, it should be noted that, as with the Law on the Organization and the Functioning of the General Administration of the State, administrative models should always be constructed according to the citizens, and not the other way around. For this reason, also in the process of reform of Law 30/1992 has been the objective of this general orientation that must preside over each and every manifestation of the administrative reform, since the Constitution of 1978 has wanted to point out In his article 103, the "Public Administration serves with objectivity the general interests".

On these budgets, the purpose of this Law of Reform is to modify the most problematic aspects of Law 30/1992, according to the opinion of the doctrine and the applicators of the law: fundamentally, the regulation of the administrative silence-removing the certification of the alleged act-the system of review of acts, the patrimonial responsibility and the regulation of the suspension of the administrative act.

The text of the Law makes some other changes that improve and supplement Law 30/1992, in order to comply with the proposal of the Law, approved by the Congress of Deputies on June 3, 1997, for which urges the Government to present a bill amending Law 30/1992 that will solve the deficiencies identified in the application of the current text and its best adaptation to the multilinguistic reality of the State.

II

First of all, the preliminary title introduces two principles of public administration, which are derived from legal certainty. On the one hand, the principle of good faith, applied by the judicial-administrative case-law even before its receipt by the preliminary title of the Civil Code. On the other hand, the principle, which is well known in the European administrative procedural law and also included in the case-law, of the legitimate expectations of the citizens in which the actions of the public administrations cannot be arbitrarily altered.

In Title I, and as a corollary of the general principle of good faith applied to public law, the principle of institutional loyalty is also included as a guiding criterion to facilitate collaboration and cooperation between different public administrations, collecting the pronouncements of the Constitutional Court.

Later, this generic duty is articulated through an organic formula, the Sectoral Conferences. The current regulation is maintained with its basic content, which in turn comes from Law 12/1983 of 14 October of the Autonomic Process, although in the current moment of development of these organs it is considered appropriate to incorporate different Article 5

3) (a)

These additions come to respond to existing real problems and yet currently lack adequate regulatory provisions, such as the existence of other different cooperation bodies of the Conferences. Sectorial, which can be both the support bodies of the Conferences and those others in principle other than the same for referring to specific material areas, and which require an appropriate specialization.

The concept of plan and joint program is introduced and developed, already mentioned in the modification of the General Budget Law operated by Law 13/1996, of December 30, of Fiscal, Administrative and Social Order Measures, as in practice it starts to be a very useful formula for articulating the exercise of the administrative functions of the State and the Autonomous Communities.

The amendment corresponding to Article 6, concerning the allocation to the holders of the ministerial departments and the Presidents or Directors of the public bodies of the competition for the formalization of agreements of collaboration, is intended to recover a traditional principle in Spanish public law and to achieve the proper coherence between the content of this article with the previous article and the functions that to those attributes the Law 6/1997, April 14, Organization and Functioning of the General Administration of the State (LOFAGE), Law 13/1995, of 18 May, of Contracts of Public Administrations and Law 50/1997 of 27 November of the Government.

The amendment of Article 10 on communications to the European Communities aims to bring the present text into line with the reality of Community law, as it seems appropriate to differentiate between the deadline for the communication of provisions of a general nature or resolutions and the deadline for the referral of draft provisions.

In Title II, Article 13 is amended by allowing the delegation of powers in bodies of dependent public law entities to facilitate decentralisation and, with this, easier management than, in Finally, it is more effective and better served to the public. In addition, the wording of paragraph 5 of this paragraph is clarified as regards the admissibility of the delegation in the procedures provided for, in accordance with a mandatory nature, an opinion or report.

III

With the same objective of achieving greater efficiency and service to citizens, some aspects of the regulation of public administration activity contained in Title IV are modified.

Article 36 is amended to make the law's adaptation to the multilinguistic reality of the State effective, in accordance with the non-law proposal of 3 June 1997, incorporating a regulation inspired by the article 231.4 of the Organic Law 6/1985, of July 1, of the Judiciary, according to the wording given to it by the Organic Law 16/1994, of 8 November.

By the wording of Article 38 (4), it is intended to promote the use and application of technical and telematic techniques and means by the Administration. For its part, the new paragraph 5 regulates the issue of copies of the documents submitted to the Administration, in response to the need to give effective compliance to the right of citizens recognized by Article 35.c).

Article 42 undergoes a profound change. First, paragraph 1 specifies the cases in which it is required to issue an express decision, including cases of limitation, waiver of the right, expiry of the procedure, withdrawal of the application and the disappearance of the the purpose of the procedure, in which the decision shall consist of the declaration of the relevant circumstance.

With regard to the procedure for making the resolution effective, it is part of the premise that an administrative procedure that is not agile and brief is difficult that can be an institution to the true service to the citizens. Therefore, in the absence of an express rule, paragraph 3 of this Article provides for an additional period of general time for the administrative proceedings of three months, without in any event being able to exceed that of six months, according to the 2, unless a rule of law with a range of law provides otherwise or is provided for in European Community legislation, the time limit for the notification of the decision. The time limit, on the other hand, shall begin to be counted, in the proceedings initiated at the request of the person concerned, since the person concerned has actually entered the register of the body responsible for processing. This end should be communicated to the applicants indicating the maximum duration of the procedure in question, in accordance with paragraph 4.

In any case, the time limit may be suspended, taking into account the inspiration of modern Community public law, due to the reasons set out in paragraph 5: requiring the parties concerned to remedy deficiencies, prior to and required by a body of the European Communities, reports of the content of the resolution, the necessary and decisive reports, the conduct of technical tests or the contradictory or dirtical analyses proposed by the parties concerned or the initiation of negotiations to conclude the administrative procedure. The extension of time limits in paragraph 6 is also provided for, although limiting its decision to the body responsible for resolving and, where appropriate, the hierarchical superior. An explicit reference to disciplinary responsibility is made in the 7th, although the relative to the removal of the job is omitted.

In terms of administrative silence, Article 43 provides for a general rule of positive silence, except only when a rule with a law or a European Community standard establishes the opposite. We cannot forget that when the silence is regulated, it is actually trying to establish preventive measures against pathologies of the procedure that are outside the proper functioning of the Administration that designs the Law itself. However, this situation of lack of response by the administration-always undesirable-can never cause unnecessary harm to the citizen, but, by balancing interests in the presence, it should normally be worth the interest of the person who has properly complied with legally imposed obligations.

Except for the general rule of positive silence logically the procedures for exercising the right of petition, the review of administrative acts and general provisions, the initiates of trade, and the procedures for which the acquisition of powers over the domain or public service may be derived for applicants or third parties. It is a question of regulating this capital institution of the administrative procedure in a balanced and reasonable manner, thereby abolishing the certification of alleged acts which, as is known, allowed the administration, once the deadlines have been completed. in order to resolve and before issuing the certification or the time limit for issuing it, to issue an express administrative act even if it is contrary to the effects of the silence already produced. Therefore, the positive administrative silence will produce a real effective administrative act, which the public administration will only be able to review in accordance with the review procedures established in the Law. Similarly, negative administrative silence is conceived as legal fiction to allow the citizen concerned to access the administrative-administrative appeal, although in any case the public administration has a duty to resolve expressly, so that if you give the reason to the citizen, the lawsuit will be avoided.

For its part, Article 44 regulates the inactivity of the Administration in the proceedings initiated ex officio. Cases where the recognition or establishment of individualised legal rights or situations may arise, in which the persons concerned who have appeared may understand their claims (alleged to have been rejected). (a) of the case in which the administration exercises sanctioning or intervention powers liable to produce adverse effects or to impose a tax on which the persons concerned may be entitled to understand the procedure expired.

In any case, in order to carefully address the transformation of the silent regime in each of the approximately two thousand existing procedures, in the field of the General Administration of the State, in the first transitional provision the validity of the meaning of the silence provided for in the rules adopted in the process of adaptation of procedures that followed Law 30/1992 is maintained, although its form of production and effects will be those provided for in this Law. In this sense, and in the line aimed at deepening the positive silence, the Government is entrusted that within two years from the entry into force of this Law, the adaptation of the procedures to the sense of silence will be carried out. legally provided administrative. For the study and proposal of the reforms, and in particular in order to simplify and rationalize the great variety of special procedures that have been regulated in the field of the General Administration of the State and its Public bodies, in the first provision the Executive is ordered to create an Inter-Ministerial Commission chaired by the Minister of Public Administrations.

In accordance with the amendments to Articles 42, 43 and 44, the time-limits system set out in Article 48.4 is amended and the rules on the extension of the formalities contained in Article 49 are required. Finally, in accordance with Articles 102, 72 and 136, the reasons for the revision of the general provisions and the adoption of provisional measures are required in Article 54.

IV

In Title V, the Law amends the Article 58 notification regime for the sake of the principle of legal certainty, recovering, on the one hand, the validation of the notification in similar terms to what was envisaged in the Law of 1958, although reducing the deadline to three months. On the other hand, a forecast is introduced in this same article to prevent the rejection of notifications from obtaining a presumed estimate of the application.

Article 62.1 requires the assumption of nullity provided for in point (a), eliminating the expression "essential content" referring to the scope of the injury of the rights and freedoms that are amenable to constitutional protection, which constitutes a binding delimitation for the legislator.

In Title VI, together with the reform of Article 71 to achieve agreement with the rest of the amendments, the regulation of the provisional measures of Article 72 is updated, introducing the necessary provisions for to make it more flexible when it is adopted with the necessary channels to ensure that citizens ' rights are respected. It is thus allowed, in the cases determined by the sectoral laws, to be agreed upon prior to the initiation of the procedure. In the same sense, the possibility of amending those measures in the light of the 'rebus sic stantibus' rule is introduced.

V

Various are the amendments that affect Title VII, in order to strengthen the legal guarantees of citizens in the face of the administration's actions.

In the area of ex officio review, in Article 102, a procedure for the inadmissibility of the applications of the interested parties is introduced, without the need to obtain the opinion of the State Council or the advisory body of the Autonomous Community. Moreover, the ex officio review of the general provisions, which does not in any way operate as a declaration of invalidity, is introduced.

As for the nulliable acts, the review authority of the Administration provided for in Article 103 is eliminated, thus forcing the public administration to go to the courts if it wants to review them, using the appropriate (a) a declaration of lesivity and subsequent impeachment, also eliminating the possibility for citizens to use this route which had denatured the system of administrative resources by concept. In this way, Administration and citizens are placed in a comparable position.

In terms of revocation of acts, the new Article 105 reinforces its limits, adding that it cannot constitute a waiver or exemption not permitted by law, nor be contrary to the principle of equality or the public interest.

With regard to the system of resources provided for in Chapter II, important changes are made. In particular, it highlights the establishment, in Articles 107 and 116 to 117, of the replacement resource with a potential to be used, particularly in the light of the problems raised in the field of local administration. In the same Article 107, the use of the show is recovered, which is regulated by its traditional configuration in Articles 114 and 115. All of this together with the review appeal against firm acts provided for in Article 108, of which the second source of the appeal is made in Article 1181, by introducing in Article 119 a procedure for inadmissibility similar to that provided for in Article 119. for the ex officio review. Given the importance of the system of resources as a guarantee institution for citizens, in the second transitional provision, it is envisaged that the procedures initiated before the entry into force of the amendment will not apply to them. the same, except as regards the system of resources.

In accordance with this scheme, the cases of acts that deplete the administrative route, as provided for in Article 109, are amended and are deleted, collecting a unanimous request, the so-called prior communication to the Administration, which (a) to make those interested before lodging the administrative-administrative appeal provided for in Article 110.3, as it is not only unnecessary, but is likely to hinder a swift and swift judicial process.

With regard to the suspension of the administrative act on the basis of an appeal governed by Article 111, the general rule of non-suspension is maintained, although certain criteria are introduced with the appropriate channels. the case-law has repeatedly stated on the precautionary protection, allowing the possibility that the suspension, in the context of the principle of reasonableness, may be prolonged without a solution of continuity to the judicial seat.

VI

In Title IX, and in order to promote decentralization in the interests of the principle of effectiveness, the prohibition of the delegation of the exercise of sanctioning power is abolished.

In the area of public responsibility for public administrations, some important changes are made in Title X. On the one hand, the regulation of the concurrent liability of different public administrations provided for in Article 140 is extended, distinguishing the regime from the joint actions of other concurrency cases. In the 141, the assumptions of force majeure that do not give rise to liability are qualified and, for the benefit of the affected, the amount of compensation is expected to be updated.

The new wording of Article 144 is chosen by the unification of the substantive legal regime of the administration's assets without discriminating against them under public or private law. concordance with the fuel unit.

With regard to the responsibility of the authorities and personnel to the public authorities, the intention is to guarantee their effectiveness, as provided for in Article 145, which will be required on their own initiative. On the other hand, it disappears from Article 146 any mention of its civil liability for the damages produced in the performance of the service, clarifying the regime established by Law 30/1992 of direct demand of responsibility to the Administration, and, in accordance with this, the repeal of the Law of 5 April 1904 and the Royal Decree of 23 September 1904 on civil liability of civil servants are repealed.

VII

Finally, the final part of Law 30/1992 is modified, collecting a set of heterogeneous prescriptions regarding its application. First of all, in order to strengthen the specificity of the tax procedures within the necessary harmony with the principles common to the legal system and the procedure of public administrations, the wording of the first paragraph of the fifth additional provision.

With a similar purpose, a new wording is given to the additional eleventh provision, collecting the specialty of the procedures urged to the Diplomatic Missions and Consular Offices by foreign citizens. Community.

In accordance with Article 144, the new additional provision twelfth puts an end to the problem concerning the disparity of jurisprudential criteria on the competent order to know about these processes when the damage is produces in relation to public health care, attributing them to administrative-to-administrative order.

In order to rationalize the procedure for formalizing collaboration agreements, the new additional provision provides for a regulatory development of this aspect.

Furthermore, the new fourteenth provision provides for the application to the cities of Ceuta and Melilla of the provisions of Title I of the Law, concerning relations between public administrations, for their condition of such.

Additional provision fifteenth regulates, for the scope of the General Administration of the State and its public bodies, which is understood by registration of the body responsible for the processing of the procedure, for the purposes of Article 42 (3) (b) of Law 30/1992, thereby facilitating the calculation of time limits for citizens.

The deletion of the last paragraph of the first paragraph of the final provision of Law 30/1992 helps to ensure more intense legal certainty in legal relations between administration and citizens, while the exonera, as is logical, of bureaucratic burdens granting direct effectiveness to the right recognized in article 35.f).

Article first. Amendment of the Articles of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

The articles of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, which are then related, will be worded as follows:

1. " Article 3. General principles.

1. The public administrations serve with objectivity the general interests and act in accordance with the principles of effectiveness, hierarchy, decentralization, deconcentration and coordination, with full submission to the Constitution, to the Law and to the Right.

They must also respect in their actions the principles of good faith and legitimate expectations.

2. Public administrations, in their relations, are governed by the principle of cooperation and collaboration, and in their performance by the criteria of efficiency and service to the citizens.

3. Under the direction of the Government of the Nation, of the governing bodies of the Autonomous Communities and of the corresponding entities of the Local Administration, the performance of the respective public administration is developed for achieve the objectives set by the laws and the rest of the legal system.

4. Each of the public administrations acts for the fulfilment of its purposes with unique legal personality.

5. In its relations with citizens, public administrations are acting in accordance with the principles of transparency and participation. "

2. " Article 4. Principles of relations between public administrations.

1. Public administrations act and are related in accordance with the principle of institutional loyalty and, consequently, they must:

(a) Respect the legitimate exercise by the other Administrations of their powers.

(b) To put in place, in the exercise of its own powers, the totality of the public interests involved and, in particular, those whose management is entrusted to the other Administrations.

(c) To provide the other administrations with the information they need about the activity they carry out in the exercise of their own powers.

d) To provide, in the field, the active cooperation and assistance that the other administrations could obtain for the effective exercise of their powers.

2. For the purposes of points (c) and (d) of the previous paragraph, public administrations may request that any evidence, documents or evidence be made available to the entity to which the application is addressed. They may also request assistance for the implementation of their powers.

3. The requested assistance and cooperation may be refused only if the entity requested is not entitled to provide it, does not have sufficient means to do so or where, in so doing, it will cause serious harm to the interests of which it has (a) to be assigned to or to perform its own functions. The refusal to provide the assistance shall be provided on the grounds of the applicant administration.

4. The General Administration of the State, those of the Autonomous Communities and the Entities that make up the Local Administration shall collaborate and assist in those executions of their acts which are to be carried out outside their respective areas. territorial jurisdiction.

5. In the relations between the General Administration of the State and the Administration of the Autonomous Communities, the content of the duty of collaboration will be developed through the instruments and procedures that are common and voluntary. establish such Administrations.

When these relations, by virtue of the principle of cooperation, are intended to take joint decisions to allow, in matters affecting shared competences or to require the joint activity of a common activity, between the two administrations, a more effective activity of the same, shall be in accordance with the cooperation instruments and procedures referred to in the following Articles. '

3. " Article 5. Sectoral conferences and other cooperation bodies.

1. The General Administration of the State and the Administration of the Autonomous Communities may establish organs for cooperation between the two, a bilateral or multilateral composition, at a general or sectoral level, in those areas in which there is a competitive relationship, with coordination or cooperation functions depending on the case.

For the purposes of this Chapter, the nature of the cooperation bodies established by the General Administration of the State for the exercise of its powers is not the nature of the cooperation bodies. The composition is expected to involve representatives of the Administration of the Autonomous Communities with the purpose of consultation.

2. The bilateral and general-level cooperation bodies meeting members of the Government, representing the General Administration of the State, and members of the Governing Council, representing the administration of the The respective Autonomous Community, are referred to as the Bilateral Cooperation Committees. Its creation is effected by agreement, which determines the essential elements of its regime.

3. The multilateral and sectoral cooperation bodies meeting members of the Government, representing the General Administration of the State, and members of the Governing Councils, representing the Administrations of the Autonomous Communities are called Sectoral Conferences. The regime of each Sectoral Conference is established in the corresponding institutionalization agreement and in its rules of procedure.

4. The Conference shall be convened by the Minister or Ministers who have competence in the field to be the subject of the Sectoral Conference. The call shall be made in good time and shall be accompanied by the agenda and, where appropriate, the necessary documentation for the prior preparation of the Conference.

5. The agreements to be adopted at a Sectoral Conference shall be signed by the Minister or Ministers responsible and by the holders of the corresponding governing bodies of the Autonomous Communities. Where appropriate, these agreements may be concluded under the name of the Sectoral Conference Convention.

6. The Sectoral Conferences may agree on the setting up of committees and working groups for the preparation, study and development of specific issues of the material scope of each of them.

7. For the same purpose, and in specific material areas, the General Administration of the State and the Administrations of the Autonomous Communities may set up other cooperation bodies which bring together the persons responsible for the matter.

8. Where the matter of the sectorial scope of a multilateral cooperation body of a multilateral composition affects or relates to the competences of the Local Entities, the plenary of the same one can agree that the association of these with greater state be invited to attend their meetings on a permanent basis or on the agenda. "

4. " Article 6. Collaboration conventions.

1. The General Administration and the associated or dependent public bodies may conclude agreements with the relevant bodies of the administrations of the Autonomous Communities in the field of their respective bodies. competencies.

2. Instruments for the formalisation of conventions shall specify, where appropriate:

(a) The bodies that conclude the convention and the legal capacity with which each of the parties acts.

b) The competence that each Administration exercises.

c) Your financing.

d) The actions that are agreed to be developed for compliance.

e) The need or not to set an organization for its management.

(f) The term of validity, which shall not prevent its extension if the parties to the convention so agree.

g) Extinction for cause other than that provided for in the previous paragraph, as well as the way to terminate ongoing actions for the event of extinction.

3. When a joint monitoring and control body is set up, it will solve the problems of interpretation and compliance that may arise in connection with collaboration agreements.

4. Where the conventions are limited to establishing guidelines for policy guidance on the action of each Administration on a matter of common interest or to set the general framework and methodology for the development of collaboration in an area of The relevant interrelationship or a matter of mutual interest shall be referred to as the General Protocols.

5. Where the management of the convention requires the creation of a common organisation, the organisation may take the form of a consortium with legal personality or a commercial company.

The statutes of the consortium will determine the aims of the consortium, as well as the particularities of the organic, functional and financial regime.

The decision-making bodies shall be composed of representatives of all the consorted entities, in the proportion to be fixed in the respective Statutes.

For the management of the services entrusted to you, any of the forms provided for in the legislation applicable to the Consecrated Administrations may be used. "

5. " Article 7. Joint plans and programs.

1. The General Administration of the State and the Administration of the Autonomous Communities may agree on the implementation of joint action plans and programmes for the achievement of common objectives in matters in which they have competence. concurrent.

2. Within the sector concerned, the Sectoral Conferences are responsible for the initiative to agree on the implementation of joint plans or programmes, the approval of their content, as well as the multilateral monitoring and evaluation of their implementation. practice.

3. The approval of joint plans or programmes should specify, according to their nature, the following elements of their content:

Common interest goals to meet.

The actions to be developed by each Administration.

The contributions of personal and material means of each Administration.

Financial resource contribution commitments.

The duration, as well as the monitoring, evaluation, and modification mechanisms.

4. The approval of a joint plan or programme, which will have binding effectiveness for the General Administration of the State and the participating Autonomous Communities, can be completed by means of collaboration agreements with each one of them that concreteness those extremes that need to be specified bilaterally.

5. The approval agreements for joint plans or programmes are the subject of official publication. "

6. " Article 10. Communications to the European Communities.

1. Where, by virtue of an obligation arising from the Treaty on European Union or the Treaties of the European Communities or the acts of its institutions, they are to communicate to these general provisions or resolutions, the The public shall be sent to the General Administration of the competent State to make the communication to those institutions. In the absence of a specific time limit to fulfil that obligation, the referral shall be made within 15 days.

2. In the case of draft provisions or any other information, in the absence of a specific deadline, the referral shall be made in a timely manner for the purposes of compliance with that obligation. '

7. " Article 13. Delegation of powers.

1. The bodies of the various public administrations may delegate the exercise of the powers conferred on them in other bodies of the same administration, even if they are not hierarchically dependent, or the entities governed by law public linked or dependent on those.

2. In no case may the powers relating to:

be delegated to:

(a) The matters relating to relations with the Head of State, Presidency of the Government of the Nation, General Cortes, Presidencies of the Councils of Government of the Autonomous Communities and Legislative Assemblies of the Autonomous Communities.

b) The adoption of general provisions.

c) The resolution of resources in the administrative bodies that have issued the acts object of appeal.

d) The matters in which this is determined by law with the rank of Law.

3. The delegation of powers and their revocation shall be published in the 'Official Gazette of the State', in that of the Autonomous Community or in that of the Province, according to the Administration to which the delegating body belongs, and the territorial scope of competence of this.

4. Administrative decisions to be adopted by delegation shall expressly indicate this circumstance and shall be deemed to be dictated by the delegating body.

5. With the exception of the express authorisation of an Act, the powers to be delegated may not be delegated.

It is not an impediment to the ability to delegate competence to resolve a procedure the circumstance that the regulatory rule of the same provides, as a mandatory procedure, for the issuance of an opinion or report; however, the competence to resolve a particular case may not be delegated once a mandatory opinion or report on the matter has been issued in the relevant procedure.

6. The delegation shall be revocable at any time by the body which has conferred it.

7. The delegation of powers conferred on a collective body, for which a special quorum is required, shall be adopted, in any event, to be taken by the quorum. "

8. " Article 36. Language of the proceedings.

1. The language of the procedures dealt with by the General Administration of the State will be Spanish. Notwithstanding the foregoing, the persons concerned who are directed to the organs of the General Administration of the State with headquarters in the territory of an Autonomous Community may also use the language which is an official language.

In this case, the procedure will be processed in the language chosen by the interested party. If several interested parties were involved in the procedure, and there was a discrepancy in the language, the procedure will be dealt with in Spanish, although the documents or testimonies required by the interested parties will be issued in the language chosen by the same.

2. In the procedures dealt with by the Autonomous Communities and Local Authorities, the use of the language shall be in accordance with the provisions of the relevant autonomous legislation.

3. The investigating public administration must translate the documents, files or parts of the documents which must have an effect outside the territory of the Autonomous Community into Spanish and the documents addressed to the interested parties. expressly. If they should have effects in the territory of an Autonomous Community where the same language other than Spanish is co-official, their translation will not be required. "

9. " Article 38. Records.

1. The administrative bodies shall keep a general register in which the corresponding seat of any written or communication which is submitted or received in any administrative unit of its own shall be made. They shall also be annotated, the output of the written and official communications addressed to other bodies or individuals.

2. The administrative bodies may set up in the corresponding administrative units of their own organisation other registers in order to facilitate the submission of written and communications. Such records shall be ancillary to the general register, to which they shall communicate any annotation they make.

Seats shall be recorded in accordance with the temporary order of receipt or departure of the written and communications, and shall indicate the date of day of receipt or departure.

Completion of the registration process, the written and communications shall be submitted without delay to the addressees and the corresponding administrative units from the register in which they were received.

3. The general registers, as well as all the records which the public authorities establish for the receipt of letters and communications from private individuals or administrative bodies, must be installed in computerised form.

The system shall guarantee the constancy, in each seat that is practiced, of a number, an expression of its nature, date of entry, date and time of its presentation, identification of the person concerned, administrative organ the sender, if applicable, and the person or administrative body to which it is sent, and, where appropriate, reference to the content of the written or communication being recorded.

The system will also ensure that computer integration is recorded in the overall log of the records made in the remaining records of the administrative body.

4. The applications, written and communications which citizens shall direct to the bodies of public administrations may be submitted:

a) In the records of the administrative organs to which they are directed.

b) In the records of any administrative body, belonging to the General Administration of the State, to that of any Administration of the Autonomous Communities, or to that of any of the entities that make up the Local administration if, in the latter case, the appropriate agreement has been signed.

c) In post offices, in the form that you regulate.

d) In diplomatic representations or consular offices of Spain abroad.

e) In any other that establish the existing provisions.

By means of collaboration agreements between the public administrations, intercom systems and the coordination of registers will be established to ensure their compatibility with the information system, as well as the transmission of telematics of the registered seats and of the applications, written, communications and documents which are presented in any of the registers.

5. For the effectiveness of the rights recognized in Article 35.c) of this Law to citizens, they may accompany a copy of the documents they present together with their applications, writings and communications.

Such a copy, prior to the original of the original by any of the records referred to in points (a) and (b) of paragraph 4 of this article, shall be forwarded to the addressee of the original to the citizen. Where the original is required to act in the proceedings, the copy of the original shall be delivered to the citizen, once it has been sealed by the above records and after verification of his identity with the original.

6. Each public administration shall establish the days and hours in which its records are to remain open, ensuring the right of citizens to the presentation of documents provided for in Article 35.

7. They may be made effective in addition to other means, by way of postal or telegraph, or by means of a transfer to the public office concerned, any taxes to be paid at the time of the submission of applications. and written to public administrations.

8. Public administrations shall make public and keep up to date a list of their own or concerted registry offices, their access and communication systems, as well as operating schedules. "

10. " Article 42. Obligation to resolve.

1. The Administration is required to issue express resolution in all proceedings and to notify it of any form of initiation.

In cases of prescription, waiver of the right, expiration of the procedure or withdrawal of the application, as well as the disappearance of the object of the procedure, the resolution will consist of the declaration of the The circumstances of each case, with indication of the facts produced and the applicable rules.

Except for the obligation referred to in the first paragraph, the cases of termination of the procedure by agreement or agreement, as well as the procedures relating to the exercise of rights subject only to the duty of prior communication to the Administration.

2. The maximum period for notification of the express resolution shall be that set by the regulatory standard of the relevant procedure. This period may not exceed six months unless a rule of law with a range of law establishes a higher standard or is provided for in European Community legislation.

3. Where the rules governing the procedures do not set the maximum time limit for receiving the notification, the notification shall be three months. This period and those provided for in the preceding paragraph shall be counted:

a) In procedures initiated ex officio, from the date of the initiation agreement.

(b) In the initiates at the request of the data subject, from the date on which the application has entered the register of the competent body for processing.

4. Public administrations should publish and maintain, for information purposes, the relations of procedures, with an indication of the maximum time limits for such procedures, as well as the effects of the silence. administrative.

In any event, the public authorities shall inform the parties concerned of the maximum time limit set for the resolution and notification of the proceedings, as well as of the effects of the silence. administrative, including such mention in the notification or publication of the trade initiation agreement, or in communication which shall be addressed to them within 10 days of receipt of the application in the register of the body competent for processing. In the latter case, the communication shall also indicate the date on which the request has been received by the competent body.

5. The legal maximum time limit for resolving a procedure and notifying the resolution may be suspended in the following cases:

(a) Where any interested party is required for the remedy of deficiencies and the provision of documents and other necessary elements of judgment, for the time that it mediates between the notice of the requirement and its cash compliance by the addressee, or, failing that, the duration of the period granted, all without prejudice to the provisions of Article 71 of this Law.

(b) Where a prior and mandatory statement of a body of the European Communities is to be obtained, for the time between the request, which shall be communicated to the persons concerned, and the notification of the statement to the the instructor administration, which must also be communicated to them.

(c) Where reports are required to be required and determine the content of the resolution to the body of the same or different Administration, for the time that it mediates between the request, which shall be communicated to the and the reception of the report, which must also be communicated to them. This period of suspension shall in no case exceed three months.

(d) Where conflicting or conflicting technical evidence or analysis is to be carried out, for the time required for the incorporation of the results into the dossier.

e) When negotiations are initiated with a view to concluding a pact or agreement in the terms provided for in Article 88 of this Law, from the formal declaration in this respect and to the conclusion without effect, if any, of the referred to by the Administration or the interested parties, which shall be the subject of negotiations.

6. Where the number of requests made or the persons concerned may result in a failure to comply with the maximum time limit for resolution, the body responsible for resolving, on a reasoned proposal from the instructor, or the hierarchical superior of the body competent to resolve, on a proposal from it, they will be able to enable the personal and material means to comply with the appropriate and in-time dispatch.

Exceptionally, the extension of the maximum resolution and notification deadline may be agreed by clear motivation of the concurrent circumstances and only once all available means are exhausted.

To be agreed, finally, the extension of the maximum period, this may not be higher than the one established for the processing of the procedure.

Against the agreement that resolves on the extension of deadlines, which must be notified to the interested parties, no recourse will be made.

7. The staff at the service of the public administrations responsible for the handling of the cases, as well as the holders of the administrative bodies responsible for instructing and resolving the matter are directly responsible, in the field of their powers, compliance with the legal obligation to issue express resolution in time.

Failure to comply with this obligation shall result in the requirement of disciplinary responsibility, without prejudice to the liability of the liability of the person in accordance with the rules in force. "

11. " Article 43. Administrative silence in proceedings initiated at the request of an interested party.

1. In the proceedings initiated at the request of the party concerned, the expiry of the maximum period without having been notified to the interested party or interested parties who have deduced the request for an understanding of the estimated or the rejected administrative silence, as appropriate, without prejudice to the decision to be made by the Administration in the manner provided for in paragraph 4 of this Article.

2. Interested parties may understand their requests for administrative silence in all cases, unless a rule of law or standard of European Community law provides otherwise. The procedures for the exercise of the right of petition, as referred to in Article 29 of the Constitution, shall be exempt from this provision, the estimates of which have the effect of transferring the applicant or third parties to the powers relating to the public domain or to the public service, as well as the procedures for the impeachment of acts and provisions, in which the silence will have an adverse effect.

However, where the appeal has been brought against the administrative silence of an application in the course of the period, the time limit shall be deemed to be the same as the time limit for the decision, the The competent administrative body does not dictate express resolution on the same.

3. The administrative silence estimate has for all purposes the consideration of an administrative act completed in the procedure.

Dismissal for administrative silence has the sole effect of allowing interested parties to interposition the administrative or administrative appeal that is appropriate.

4. The obligation to issue an express decision referred to in Article 42 (1) shall be subject to the following system:

(a) In cases of administrative silence estimation, the express resolution after the production of the act may be made only to be confirmatory of the act.

(b) In cases of dismissal by administrative silence, the express resolution after the expiration of the deadline shall be adopted by the Administration without any connection to the sense of silence.

5. Administrative acts produced by administrative silence may be enforced both before the Administration and any natural or legal person, public or private. They produce effects from the expiry of the maximum period in which the express resolution is to be delivered and served without it being produced, and its existence may be accredited by any means of proof admitted in law, including the certificate of proof of the silence produced which may be requested from the competent body to be resolved. The certificate must be issued within a maximum of 15 days. "

12. " Article 44. Lack of resolution expresses in proceedings initiated ex officio.

In the proceedings initiated ex officio, the expiration of the maximum period established without having been given and notified express resolution does not exempt the Administration of the fulfillment of the legal obligation to resolve, producing the following effects:

1. In the case of proceedings which may result in recognition or, where appropriate, the constitution of rights or other individualised legal situations, the persons concerned who have appeared may understand their claims to be dismissed. by administrative silence.

2. In the procedures in which the administration exercises sanctions or, in general, intervention, liable to produce adverse effects or taxation, the expiry shall take place. In such cases, the decision declaring the expiry shall order the file of the proceedings, with the effects provided for in Article 92.

In cases where the procedure has been brought to a standstill due to the imputable cause of the data subject, the time limit for resolving and notifying the resolution shall be interrupted. "

13. " Article 48. Computation.

1. Provided that no other thing is expressed by law or European Community legislation, when the time limits are stated for days, it is understood that these are working, excluding from the computation on Sundays and public holidays.

When the time limits are indicated by calendar days, this circumstance shall be stated in the corresponding notifications.

2. If the period is fixed in months or years, the period shall be calculated from the day following the day on which the notification or publication of the act concerned takes place, or from the day following the date on which the estimate or rejection is made. administrative silence. If in the month of expiration there is no day equivalent to the one in which the computation begins, the term expires on the last day of the month.

3. Where the last day of the period is not deft, it shall be extended to the following first working day.

4. The time limits expressed in days shall be counted from the day following the day on which the notification or publication of the act concerned takes place, or from the day following that in which the estimate or the silent rejection occurs. administrative.

5. Where a day is a business day in the Autonomous Community or Community in which the person concerned resides, and who is not working at the seat of the administrative body, he shall be deemed to be indeft in any event.

6. The declaration of a day as a deft or an indeft for the purposes of calculating time limits does not in itself determine the operation of the public authorities ' centres of work, the organisation of working time and the access of citizens to records. 7. The General Administration of the State and the Administrations of the Autonomous Communities, subject to the official calendar of work, shall, in their respective field, set the calendar of working days for the purposes of deadlines. The calendar approved by the Autonomous Communities shall comprise the working days of the Entities that make up the Local Administration corresponding to its territorial scope, to which it shall apply.

This calendar should be published before the beginning of each year in the appropriate official journal and other means of dissemination that ensure their knowledge of the citizens. "

14. " Article 49. Extension.

1. The Administration, unless otherwise required, may grant, on its own initiative or at the request of the parties concerned, an extension of the time limits laid down, which does not exceed half of the time limits, if the circumstances so advise and do not prejudice rights of third parties. The enlargement agreement must be notified to the parties concerned.

2. The extension of time limits for the maximum allowed time will be applied in any case to the procedures carried out by diplomatic missions and consular posts, as well as to those who, in the process of doing so, require the completion of processing abroad or in which interested parties are resident outside Spain.

3. Both the request of the parties concerned and the decision on enlargement must in any event be taken before the expiry of the period in question. In no case may an extension be extended by an expired period. Agreements on extension of time limits or on their refusal shall not be subject to resources. "

15. " Article 54. Motivation.

1. They will be motivated, with succinct reference of facts and foundations of law:

(a) Acts that limit subjective rights or legitimate interests.

(b) Those who resolve procedures for the ex officio review of administrative provisions or acts, administrative resources, prior judicial complaints, and arbitration procedures.

(c) Those who are separated from the criterion followed in previous actions or from the opinion of consultative bodies.

(d) the agreements for the suspension of acts, whatever the reason for this, as well as the adoption of provisional measures provided for in Articles 72 and 136 of this Law.

e) Agreements for the application of urgent procedure or extension of time limits.

(f) Those that are dictated in the exercise of discretionary powers, as well as those that must be so under the express legal or regulatory provision.

2. The statement of reasons for the acts ending the selective and competitive competition procedures shall be carried out in accordance with the provisions of the rules governing their calls, and must, in any event, be accredited to the Commission. the basis for the resolution to be adopted. '

16. " Article 58. Notification.

1. Decisions and administrative acts affecting their rights and interests shall be notified to the persons concerned in accordance with the terms set out in the following

.

2. Any notification shall be made within 10 days of the date on which the act has been issued, and shall contain the full text of the decision, indicating whether or not it is final on the administrative route, the expression of the resources which they come from, the body before which they must be submitted and the time limit for bringing them in, without prejudice to the possibility of the persons concerned being able to exercise, where appropriate, any other who they consider to be appropriate,

3. Notifications containing the full text of the act omitted any of the other requirements laid down in the previous paragraph shall take effect from the date on which the person concerned takes action involving knowledge of the the content and scope of the resolution or act which is the subject of the notification or resolution, or call for any action to be taken.

4. Without prejudice to the above paragraph, and to the sole purpose of understanding the obligation to notify within the maximum period of the duration of the proceedings, the notification containing at least the text shall be sufficient. full of the resolution, as well as the duly accredited notification attempt. "

17. " Article 59. Practice of notification.

1. Notifications shall be made by any means which permits the receipt by the person concerned or his representative to be recorded, as well as the date, identity and content of the notified act.

The accreditation of the notification made will be incorporated into the case.

2. In the proceedings initiated at the request of the person concerned, the notification shall be made at the place which the person concerned has indicated for that purpose in the application. Where this is not possible, anywhere appropriate for that purpose, and by any means as provided for in paragraph 1 of this Article.

When the notification is carried out at the address of the person concerned, if the person is not present at the time of delivery the notification may be made by any person who is at home and does its identity. If no one is able to take charge of the notification, this circumstance shall be recorded in the file, together with the day and time at which the notification was attempted, an attempt to be repeated for once and for a different time within three days. next.

3. Where the person concerned or his representative rejects the notification of an administrative action, it shall be recorded in the file, specifying the circumstances of the notification attempt and the procedure shall be carried out following the notification. procedure.

4. Where the persons concerned in a proceeding are unknown, the place of notification or the means referred to in point 1 of this Article shall be ignored, or, if the notification has been attempted, the notification shall not have been carried out, In its last address, in the "Official Gazette of the State", of the Autonomous Community or of the Province, according to the Administration of which the act is to be notified, and the scope of the territory of the organ that dictated it.

In the event that the last known address is located in a foreign country, the notification shall be made by publication in the bulletin board of the Consulate or Consular Section of the Embassy concerned.

Other forms of supplementary notification may be established by public administrations through the other means of dissemination, which shall not exclude the obligation to notify in accordance with the two preceding paragraphs.

5. The publication, in the terms of the following article, will replace the notification with its same effects in the following cases:

(a) Where the act is addressed to an undetermined plurality of persons or where the Administration considers that the notification made to a single person is insufficient to ensure that all persons are notified, where, in the latter case, additional to the notification made.

(b) In the case of acts that are members of a selective or competitive competition of any kind. In this case, the call for the procedure must indicate the bulletin board or the means of communication in which the successive publications are to be carried out, without validity being carried out in different places. "

18. " Article 62. Nullity of full rights.

1. The acts of public administrations are null and void in the following cases:

(a) Those who injure the rights and freedoms that are amenable to constitutional protection.

(b) Those dictated by a manifestly incompetent body on the grounds of matter or territory.

c) Those that have an impossible content.

(d) Those that are the constitutive of criminal offences or are dictated as a consequence of this.

e) The dictates that they completely and absolutely dispense with the legally established procedure or the rules that contain the essential rules for the formation of the will of the collegiate organs.

(f) Any express or alleged acts contrary to the legal system whereby powers or rights are acquired when the essential requirements for their acquisition are lacking.

g) Any other that is expressly set to a legal range disposition.

2. The administrative provisions which violate the Constitution, laws or other administrative provisions of higher rank, those governing matters reserved to the Law, and those establishing retroactivity shall also be null and void. of non-favourable or restrictive sanctioning provisions of individual rights. "

19. " Article 71. Subhealing and enhancement of the request.

1. If the application for initiation does not meet the requirements set out in the previous Article and those required, where appropriate, by the applicable specific legislation, the person concerned shall be required to submit, within 10 days, the absence or accompanying the mandatory documents, indicating that, if they do not do so, they shall be given the withdrawal of their request, after a decision to be made in accordance with the terms of Article 42.

2. Provided that it is not selective or competitive competition, this period may be extended prudentially, up to five days, at the request of the person concerned or initiative of the body, where the required documents are provided present special difficulties.

3. In proceedings initiated at the request of the parties concerned, the competent body may request the applicant to amend or improve the terms of the applicant. This will be followed by a summary report, which will be incorporated into the procedure. "

20. " Article 72. Provisional measures.

1. The proceedings, the administrative body responsible for resolving the matter, may, on its own initiative or at the request of a party, take the provisional measures which it considers appropriate to ensure the effectiveness of the decision which may be taken, if they exist. sufficient evidence to do so.

2. Prior to the initiation of the administrative procedure, the competent body, on its own initiative or at the request of a party, in cases of urgency and for the interim protection of the interests involved, may take the appropriate measures in respect of assumptions expressly provided for by a rule of law. The provisional measures shall be confirmed, amended or lifted in the initiation agreement of the procedure, which shall be carried out within 15 days of its adoption, which may be the subject of the action.

In any event, such measures shall be without effect if the procedure is not initiated within that period or where the initiation agreement does not contain an express statement of the same.

3. Provisional measures may not be taken which may cause injury to the persons concerned, which may be difficult or impossible, or which involve infringement of rights covered by the laws.

4. The provisional measures may be raised or amended during the processing of the procedure, either on its own initiative or at the request of a party, under circumstances which have been overcome or which could not be taken into account at the time of its adoption.

In any case, they shall be extinguished with the effectiveness of the administrative decision terminating the relevant procedure. "

21. " Article 102. Review of provisions and null acts.

1. Public administrations, at any time, on their own initiative or at the request of a person concerned, and after obtaining the favourable opinion of the Council of State or equivalent advisory body of the Autonomous Community, if any, shall declare the (a) the administrative acts which have ended the administrative procedure or which have not been appealed for in the period referred to in Article 62.1.

2. Likewise, at any time, public administrations of trade, and after favourable opinion of the Council of State or equivalent advisory body of the Autonomous Community, may declare the provisions invalid. administrative in the cases referred to in Article 62.2.

3. The body responsible for the ex officio review may give a reasoned agreement to the inadmissibility of the requests made by the parties concerned, without the need to seek the opinion of the State Council or the Advisory Body of the Autonomous Community, where they are not based on any of the grounds for nullity of Article 62 or are manifestly unfounded, as well as in the event that other substantially equal applications have been rejected as to the substance.

4. Public administrations, when declaring the nullity of a provision or act, may, in the same judgment, provide for the compensation to be granted to the persons concerned, if the circumstances provided for in Articles 139.2 and 141.1 are provided for. of this Law, without prejudice to the fact that, in the case of a provision, the firm acts in application of the provision remain.

5. Where the procedure has been initiated on its own initiative, the expiry of the three-month period from the start of the procedure shall not result in the expiry of the procedure. If the procedure has been initiated at the request of the person concerned, the same shall be understood by administrative silence. '

22. " Article 103. Declaration of lesivity of nullable acts.

1. The public authorities may declare to the public interest the acts favourable to the persons concerned which are nullified in accordance with the provisions of Article 63 of this Law, in order to proceed with their subsequent challenge to the order judicial-administrative jurisdiction.

2. The declaration of lesivity may not be adopted after four years after the administrative act has been issued and shall require the prior hearing of all those who appear as interested in the declaration in accordance with Article 84 of the Treaty. this Act.

3. The expiry of the three-month period from the initiation of the procedure without having been declared lesivity shall result in the absence of the lesivity.

4. If the act comes from the General Administration of the State or the Autonomous Communities, the declaration of lesivity shall be adopted by the body of each competent authority in the matter.

5. If the act comes from the entities that make up the Local Administration, the declaration of lesivity shall be adopted by the Plenary of the Corporation or, in the absence thereof, by the higher collegiate body of the entity. "

23. " Article 105. Revocation of acts and rectification of errors.

1. Public administrations may at any time revoke their tax or unfavourable acts, provided that such revocation does not constitute a waiver or exemption not permitted by law, or is contrary to the principle of equality, to the public interest. or the legal order.

2. Public administrations may also, at any time, on their own initiative or at the request of the parties concerned, rectify the material, factual or arithmetic errors in their acts. "

24. " Article 107. Object and classes.

1. Against decisions and acts of procedure, if the latter directly or indirectly decide the substance of the case, they determine the impossibility of continuing the proceedings, they produce defenceless or irreparable damage to rights and interests The persons concerned may be entitled to appeal to the persons concerned for the resources of the repossession and the potestative replacement, which shall be found in any of the grounds for invalidity or nullity provided for in Articles 62 and 63 of this Law.

The opposition to the remaining acts of proceedings may be alleged by the parties concerned for consideration in the resolution terminating the proceedings.

2. Laws may replace the use of the show, in certain specific sectors or areas, and where the specific nature of the matter so warrants, by other procedures of impeachment, complaint, conciliation, mediation and arbitration, before collective bodies or specific committees which are not subject to hierarchical instructions, with due regard to the principles, guarantees and time limits provided for in this Law by citizens and those involved in any administrative procedure.

Under the same conditions, the replacement facility may be replaced by the procedures referred to in the preceding paragraph, with due regard to its potential for the data subject.

The application of these procedures in the field of Local Administration may not imply the lack of knowledge of the resolutive powers recognized to the elected representative bodies established by the Law.

3. Against administrative provisions of a general nature, no recourse shall be taken on an administrative basis.

Resources against an administrative act that are solely based on the nullity of a general administrative provision may be brought directly before the body that made that provision.

4. Economic and administrative complaints shall be in accordance with the procedures laid down by their specific legislation. "

25. " Article 108. Extraordinary review facility.

Against the firm acts on an administrative basis, only the extraordinary review shall proceed when one of the circumstances provided for in Article 1181 is present. "

26. " Article 109. End of the administrative path.

End the administrative path:

a) The resolutions of the raised resources.

(b) The resolutions of the impeachment proceedings referred to in Article 107.2.

(c) Resolutions of administrative bodies lacking hierarchical superior, unless a law establishes the contrary.

(d) Other decisions of administrative bodies where a statutory or regulatory provision so provides.

e) Agreements, covenants, conventions, or contracts that have the consideration of the finalizers of the procedure. "

27. " Article 110. Interposition of the resource.

1. The interposition of the resource shall express:

(a) The name and surname of the appellant, as well as the personal identification of the appellant.

b) The act that is used and the reason for its impeachment.

(c) Place, date, signature of the appellant, identification of the medium and, where appropriate, the place to be identified for the purpose of notifications.

d) Organ, center, or administrative unit to which it is directed.

(e) Other particularities required, where appropriate, by the specific provisions.

2. The error in the appellant's qualification of the appeal shall not be an obstacle to its processing, provided that its true character is deducted.

3. Defects and defects that make an act void may not be alleged by those who have caused them. "

28. " Article 111. Suspension of execution.

1. The interposition of any appeal, except where a provision provides otherwise, shall not suspend the execution of the contested act.

2. By way of derogation from the foregoing paragraph, the body to which the action is to be resolved, on a sufficiently reasoned basis, between the damage which the suspension and the damage caused to the public interest would cause to the public interest or to third parties. (a) the application of the contested act may be suspended, either on its own initiative or at the request of the appellant, as a result of the immediate effectiveness of the action taken, where any of the following circumstances are present:

a) That the execution could cause harm of impossible or difficult repair.

b) That the challenge be based on some of the causes of full nullity provided for in Article 62.1 of this Law.

3. The execution of the contested act shall be deemed to be suspended if, after 30 days after the application for suspension has entered the register of the body responsible for deciding on the act, the latter has not delivered an express decision to the in respect. In such cases it will not be applicable to the second paragraph of Article 42.4 of this Law.

4. When issuing the suspension agreement, the precautionary measures necessary to ensure the protection of the public interest or third parties and the effectiveness of the contested decision or act may be taken.

Where damage of any kind may be caused by the suspension, the suspension shall only produce effects on the basis of sufficient caution or guarantee in order to respond to them, in accordance with the terms laid down in Article 1 (1). regulentarily.

The suspension may be prolonged after the administrative route has been exhausted when there is a precautionary measure and the effects of the suspension are extended to the administrative-administrative route. If the person concerned has brought an administrative dispute, requesting the suspension of the act which is the subject of the proceedings, the suspension shall be maintained until the relevant judicial decision on the application is made.

5. Where the appeal is intended to challenge an administrative act affecting an undetermined number of persons, the suspension of its effectiveness shall be published in the official journal in which it was inserted. '

29. " Article 114. Object.

1. The decisions and acts referred to in Article 107.1, where they do not put an end to the administrative route, may be appealed against in the light of the hierarchical higher authority of the institution which issued them. For these purposes, the courts and bodies for the selection of staff at the service of public administrations and any other who, within the public authorities, act with functional autonomy, shall be considered as dependent on the body to which they are attached. or, failing that, of which he has appointed the President of the same.

2. The appeal may be brought before the body which issued the act which is challenged or before the competent authority to resolve it.

If the appeal had been brought before the body which issued the contested act, it must forward it to the competent authority within 10 days, with its report and a full and orderly copy of the file.

The holder of the body that issued the appealed act shall be directly responsible for the compliance with the provisions of the preceding paragraph. "

30. " Article 115. Deadlines.

1. The time limit for the application of the appeal shall be one month, if the act is express.

If this is not the case, the period shall be three months and shall be counted, for the applicant and other interested parties, from the day following that in which, in accordance with their specific rules, the effects of the silence occur. administrative.

After these deadlines without the appeal being brought, the resolution will be firm for all intents and purposes.

2. The maximum period for issuing and notifying the decision shall be three months. After this period has elapsed without a decision, the appeal may be dismissed, except in the case referred to in the second subparagraph of Article 43.2.

3. No other administrative action shall be taken against the decision of an alzada resource, except for the extraordinary review in the cases provided for in Article 1181. '

31. " Article 116. Object and nature.

1. Administrative acts which end the administrative procedure may be appealed for in replacement to the same body which has issued them or is directly challenged before the judicial-administrative court order.

2. An administrative-administrative appeal may not be brought until it is expressly resolved or the alleged dismissal of the replacement appeal has occurred. '

32. " Article 117. Deadlines.

1. The time limit for the replacement of the replacement shall be one month if the act is express. If it is not the case, the time limit shall be three months and shall be counted, for the applicant and other interested parties, from the day following the day on which the alleged act occurs in accordance with its specific rules. After such time-limits, only administrative disputes may be brought, without prejudice, where appropriate, to the provenance of the extraordinary review appeal.

2. The maximum time limit for issuing and notifying the resolution of the appeal shall be one month.

3. Against the resolution of a replacement resource, such an appeal may not be brought again. "

33. " Article 118. Purpose and deadlines.

1. An extraordinary review appeal may be brought before the administrative body which issued them, which shall also be the competent authority for its decision, where any of the circumstances are present. following:

1. The fact that the dictation was made in error in fact, resulting from the documents themselves incorporated in the case.

2. A document of essential value for the resolution of the case, which, although later, is evidenced by the error of the resolution under appeal.

3. That in the resolution they have essentially influenced documents or testimonies declared false by a firm, prior or subsequent court judgment.

4. That the resolution was dictated as a result of prevarication, co-fact, violence, fraudulent machination or other punishable conduct and has been declared so by virtue of a firm judicial judgment.

2. The extraordinary review appeal shall be brought, in the case of cause 1, within four years of the date of notification of the contested decision. In other cases, the time limit shall be three months from the knowledge of the documents or from the time the court judgment is established.

3. The provisions of this Article do not prejudice the right of the persons concerned to make the application and the application referred to in Articles 102 and 105.2 of this Law or their right to be substantiated and resolved. "

34. " Article 119. Resolution.

1. The body responsible for the decision of the appeal may give a reasoned agreement to the admission to the proceedings, without the need for an opinion from the State Council or the Advisory Body of the Autonomous Community, where the latter does not function in any of the (a) the reasons set out in paragraph 1 of the previous Article or in the case that other substantially equal resources have been dismissed as to the substance.

2. The body to which it is appropriate to hear the extraordinary review must give its opinion not only on the source of the appeal, but also, where appropriate, on the substance of the matter as determined by the action taken.

3. After the period of three months from the date of the extraordinary review proceedings without having been issued and notified, the decision shall be deemed to be dismissed and the judicial-administrative court shall be issued. '

35. " Article 127. Principle of legality.

1. The sanctioning authority of public administrations, recognized by the Constitution, will be exercised when it has been expressly attributed by a law with a rank of law, with the application of the procedure provided for its exercise and according to set in this Title.

2. The exercise of sanctioning power is for the administrative bodies that have it expressly attributed to it, by provision of legal or regulatory status.

3. The provisions of this Title do not apply to the exercise by the public authorities of their disciplinary powers with respect to the staff at their service and those who are bound to them by a contractual relationship. "

36. " Article 140. Concurrent responsibility of public administrations.

1. Where the management of joint actions between several public administrations is responsible for the terms provided for in this Law, the interveners shall respond in a solidarity manner. The regulatory legal instrument for joint action may determine the distribution of liability between different public administrations.

2. In other cases of participation by several administrations in the production of the damage, the responsibility shall be fixed for each Administration in accordance with the criteria of competence, public interest and intensity of the intervention. The liability shall be in solidarity where such determination is not possible. "

37. " Article 141. Compensation.

1. Only injuries caused to the particular person arising from damages shall be indemnified, which does not have the legal duty to bear in accordance with the Law. Damages arising from facts or circumstances which could not be foreseen or avoided according to the state of the knowledge of the science or technique existing at the time of production of those, shall not be indemnizable. damage to the welfare or economic benefits that the laws may provide for such cases.

2. The compensation shall be calculated on the basis of the valuation criteria laid down in the law on compulsory expropriation, tax legislation and other applicable rules, with the prevailing market valuations being weighted, where appropriate.

3. The amount of the allowance shall be calculated by reference to the day on which the injury actually occurred, without prejudice to its updating to the date of termination of the liability procedure under the consumer price index, established by the National Institute of Statistics, and of any interest which may be taken for late payment of the fixed allowance, which shall be required in accordance with the provisions of the General Budget Law.

4. The compensation may be replaced by a compensation in kind or paid by means of periodic payments, where it is more appropriate for the purpose of the repair and is appropriate to the public interest, provided that there is agreement with the interested. "

38. " Article 144. Private law liability.

When public administrations act in private law relations, they will respond directly to the damages caused by the personnel who are at their service, considering the actions of the same acts. of the Administration under whose service it is located. Liability shall be required in accordance with the provisions of Articles 139 et seq. of this Law. "

39. " Article 145. Demand for the responsibility of the authorities and personnel for the public administration service.

1. In order to make the assets referred to in Chapter I of this Title effective, individuals shall directly require the public authorities concerned to pay compensation for the damage caused by the authorities and personnel at your service.

2. The Administration concerned shall, where it has indemnified the injured, require from its authorities and other personnel to its service the responsibility which it would have incurred for it, or serious fault or negligence, upon instruction. of the procedure to be established.

For the requirement of such responsibility, the following criteria shall be weighted, among others: the harmful outcome produced, the existence or not of intentionality, the professional responsibility of the personnel at the service of the Public administrations and their relationship to the production of the harmful outcome.

3. In addition, the Administration shall instruct the authorities and other personnel to do so for the damage and damage caused to their property or rights where it has taken place, or serious negligence or negligence.

4. The declaration of responsibility shall terminate the administrative route.

5. The provisions of the preceding paragraphs shall be without prejudice to the passing, where appropriate, of the fault of the competent courts. "

40. " Article 146. Criminal liability.

1. The criminal liability of staff in the service of public administrations, as well as civil liability arising from crime, will be required in accordance with the provisions of the relevant legislation.

2. The requirement for the criminal liability of staff at the service of public administrations shall not suspend the procedures for the recognition of patrimonial liability which are instructed, except that the determination of the facts in the order Criminal court is necessary for the fixation of patrimonial liability. "

Article 2. Amendment of the provisions of the final part of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

The provisions of the final part of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, which are then related, will be worded as follows:

1. " Additional provision fifth. Administrative procedures in tax matters.

1. The tax procedures and the application of the taxes will be governed by the General Tax Law, by the regulations on the rights and guarantees of the taxpayers, by the laws themselves of the taxes and the other norms dictated in their development and application. In the absence of applicable tax rules, the provisions of this Law shall be governed by the provisions of this Law.

In any case, in the tax procedures, the maximum time limits for issuing resolutions, the effects of their non-compliance, as well as, where appropriate, the effects of the lack of resolution will be those provided for in the regulations. tax.

2. The review of administrative acts in tax matters shall be in accordance with Articles 153 to 171 of the General Tax Law and provisions laid down in the development and implementation thereof. "

2. " Additional provision eleventh. Administrative procedures for diplomatic missions and consular posts.

The procedures for diplomatic missions and consular posts by non-EU foreign nationals will be governed by their specific regulations, which will be in line with international commitments made by the United States. Spain and, in the field of visas, the Schengen Conventions and provisions that develop them, applying this Law in an extra way. "

3. ' Additional provision twelfth. Responsibility for health care.

The responsibility of the Management Entities and the Common Services of Social Security, whether state or regional, as well as the other entities, services and agencies of the National Health System and the health centres which are in agreement with them, for damages caused by or on the occasion of health care, and the corresponding complaints, will follow the administrative procedure provided for in this Law, corresponding to its revision judicial-administrative order in any case. "

4. " Additional provision thirteenth. Subscription arrangements for collaboration agreements.

Within the scope of the General Administration of the State, the holders of the Ministerial Departments and the Presidents or Directors of the related or dependent public bodies may conclude the agreements provided for in the Article 6, within the powers granted to them by the budgetary rules and after the completion of the procedures laid down, including the report of the Ministry or Ministries concerned. The arrangements for the subscription thereof and, where appropriate, their authorisation, as well as the procedural or formal aspects relating thereto, shall be in accordance with the procedure to be laid down. "

5. " Additional provision fourteenth. Relations with the cities of Ceuta and Melilla.

The provisions of Title I of this Law on relations between the General Administration of the State and the Administrations of the Autonomous Communities will apply to relations with the cities of Ceuta and Melilla in the extent to which it affects the exercise of the statutory powers assumed. "

6. " Additional provision 15th.

Within the scope of the General Administration of the State, and for the purposes of Article 42.3.b) of this Law, it is understood by registration of the competent body for the processing of an application, any of the records of the Ministry competent to initiate the processing of the same.

In the proceedings initiated at the request of the data subject whose processing and resolution corresponds to organs integrated in the Central Organ of the Ministry of Defense, General Staff of the Defense and the General Headquarters of the Armies, the time limit for resolving and reporting shall be counted from the date on which the application has entered the records of the said organs. '

7. " Additional provision sixteenth. Management of the Historical Territories of the Basque Country.

In the Autonomous Community of the Basque Country, for the purposes of the second article, public administrations shall be understood as public administrations and the institutional administrations of which are dependent, as well as The General Boards of the Historical Territories as soon as they have issued acts and provisions on staff and property management subject to public law. "

8. " Additional 17th provision.

1. For the exercise of the advisory function as a guarantee of the general interest and the objective legality of the Autonomous Communities, the Foral Entes shall be organized in accordance with the provisions of this provision.

2. The Advisory Administration may be articulated by specific bodies with an organic and functional autonomy with regard to the active administration, or through the legal services of the latter.

In such a case, such services may not be subject to a hierarchical or functional reliance, nor shall they be subject to instructions, guidelines or any kind of indication of the bodies which have drawn up the provisions or produced the acts which are the subject of consultation, acting in order to comply with such guarantees in a collegial manner.

3. This provision is of a basic nature in accordance with Article 149.1.18. of the Constitution. "

9. " Final provision. Development and entry into force of the Act.

The Council of Ministers is hereby authorised to dictate how many implementing and implementing provisions of this Law are necessary.

This Law shall enter into force three months after its publication in the 'Official Gazette of the State'. '

Article 3. Amendment of sections of Law 30/1992, of 26 November, of Legal Regime of Public Administrations and of the Common Administrative Procedure.

The following sections of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure are amended:

1. The heading of Section 2 of Chapter II of Title VII, which shall be referred to as 'the Board of Appeal', shall be amended, including Articles 114 and 115 of the Act.

2. A new section 3 is introduced in Chapter II of Title VII under the heading "Reorder potestative resource", including Articles 116 and 117 of the Law.

3. Section 3 of Chapter II of Title VII becomes Section 4, under the heading of "Extraordinary review action", including Articles 118 and 119 of the Law.

Additional disposition first. Simplification of procedures.

1. The Government, within one year of the entry into force of this Law, will establish the necessary regulatory changes in the regulatory provisions laid down in the adequacy and development of Law 30/1992, of 26 November, Legal regime of the Public Administrations and the Common Administrative Procedure, for the simplification of the administrative procedures in force in the field of the General Administration of the State and its public bodies, having regard to in particular to the introduction of general categories of procedures, as well as to the elimination of unnecessary red tape that will make it difficult for citizens to have relations with the public administration. In no case, the specialties of the various procedures may lead to a reduction or limitation of the guarantees enshrined in this Law.

2. Without prejudice to the provisions of the previous paragraph, the Government shall, within two years, adapt the regulatory rules of the procedures to the administrative silence established in this Law.

3. For the study and proposal of the reforms, as referred to above, the Government will create an Inter-Ministerial Commission chaired by the Minister of Public Administration.

4. The competent bodies of the Autonomous Communities, within their respective fields, shall adapt those procedures in which the sense of the administrative silence as established by this Law may be modified.

Additional provision second.

Within eighteen months, the Government will forward to the General Courts the draft or bills that are necessary to regulate the proceedings of impeachment, complaint, conciliation, mediation and arbitration. replacement of the raised and replenished resources.

First transient disposition. Subsistence of pre-existing rules.

1 Until the provisions of the first provision of this Law are implemented, they will continue in force, with their own rank, the existing regulatory standards and, in particular, those adopted in the framework of the Compliance with the procedures laid down in Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure, as well as on the development of such procedures, as soon as they are not opposed to the present Law.

2. In any event, where the above rules have laid down a maximum period of time for the procedure exceeding six months, the time limit for the resolution and notification of the decision shall be deemed to be precisely six months, with the derogations provided for in the second paragraph of Article 42.

3. Furthermore, until the provisions of paragraph 2 of the first provision are brought into effect, the meaning of the administrative silence laid down in those rules shall remain valid, although their form of production and effects shall be those provided for in this Law.

Second transient disposition. Application of the Law to procedures in processing.

The procedures initiated prior to the entry into force of this Law shall not apply to them, governed by the above rules.

However, if the system of review of trade and administrative resources regulated in this Law is applicable to them.

Single repeal provision.

1. The Law of 5 April 1904 and the Royal Decree of 23 September 1904 on civil liability for civil servants are repealed.

2. Likewise, all rules of equal or lower rank are repealed in that they contradict or oppose this Law.

Single end disposition. Development and entry into force of the Act.

1. The Government and the Autonomous Communities, within the scope of their respective powers, shall lay down the provisions for the implementation and application of this Law which are necessary.

2. This Law shall enter into force three months after its publication in the Official Gazette of the State.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this Law.

Madrid, 13 January 1999.

JOHN CARLOS R.

The President of the Government,

JOSÉ MARÍA AZNAR LÓPEZ