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

1

The Constitution contains in Title IV the principles that inspire administrative action and guarantee the full submission of its activity to Law and Law, and configures the Government of the Nation as an eminent organ. policy that directs the Administration and exercises regulatory power.

In the order that originated in the previous autocratic regime, the government was reduced to the Higher Organ in which the State Administration culminates and, consequently, conceiving it as a mere appendix or extension of the same, with which it would, to a large extent, share its administrative nature. Article 97 of the Constitution definitively arrumates this conception and recovers for the government the political scope of the function of governing, inspired by the principle of democratic legitimacy. It is thus clearly outlined the own traits that define the government and the administration as constitutionally differentiated public institutions and those that establish the subordination of the administration to the political action of the Government.

It is now necessary that the framework that regulates the legal regime of the Public Administrations be the subject of an explicit normative adaptation that will configure it harmoniously and concordant with the constitutional principles.

The Constitution guarantees the submission of public administrations to the principle of legality, both with respect to the rules governing their own organization, and to the legal system, the administrative procedure and the liability system.

On the other hand, the Local Administration, whose legal regime is established as basic in the same article 149.1.18. of the Constitution has a specific regulation in its current Law of Bases that does not offer any difficulty adaptation to the objectives of this Law and which does not require specific amendments.

2

Article 149.1.18. of the Constitution distinguishes between the bases of the legal regime of the Public Administrations, which will have to guarantee to the administered a common treatment before them; the common administrative procedure, without prejudice to the specialities derived from the Autonomous Communities ' own organisation and the system of responsibility of all public administrations.

The delimitation of the legal regime of the Public Administrations is included in the "bases more development" scheme that allows the Autonomous Communities to dictate their own rules whenever they conform to the state bases. However, with regard to the common administrative procedure and the system of liability of public administrations, even if its legal formulation is the express manifestation and practical translation for the citizens of the application Regulation of the legal regime itself, the Constitution contemplates them as a full and exclusive regulatory competence of the State.

The Law incorporates this constitutional conception of distribution of competences and regulates the common administrative procedure, of general application to all the Public Administrations and establishes the minimum guarantees of the citizens in respect of the administrative activity. This regulation does not exhaust the state or regional powers of establishing specific procedures ratione materiae which must, in any event, respect these guarantees. The Constitution establishes the competence of the Autonomous Communities to establish the specialties derived from their own organization, but in addition, as the constitutional case law has pointed out, the substantive rule of law cannot be dissociated. rule of procedure, so it must also be possible for the Autonomous Communities to lay down the rules of procedure necessary for the application of their substantive law, since what is reserved for the State is not all procedure but only that which must be common and has been established as such. The rules of the procedure which, as a matter of exclusive competence of the State, shall be governed by the concept of the Common Administrative Procedure shall be governed by the rules of the Autonomous Communities ' own procedures.

This advanced concept responds to the Law that applies to all Public Administrations and rigorously respects the constitutional distribution of competences.

3

With the independence of the Law of 19 October 1889, which in its attempt to unify the procedure constituted a significant step in the evolution of Spanish public law-although it will be reflected in a set of regulations The first and only regulation of the legal system and the administrative procedure of the Public Administration, in our order, is the one contained in the articles 22 and following of the Law of the Legal Regime of the State administration of 26 July 1957 and the Law of Administrative Procedure of 17 July 1958, which are, of course, a relevant contribution in the configuration of our Administrative Law, in particular the latter.

The legal framework that these rules design has as an explicit object, above all, the unification of pre-existing rules, "... to bring together in a single text applicable to all the Ministerial Departments ...", to guarantee a joint action, almost didactic, in the internal functioning of the administration, in which the guarantee of the individuals is contemplated since the unification of the procedure and from the concept of the prior authorization for the recognition of a the right or the satisfaction of a legitimate interest.

The Constitution of 1978 is a new concept of administration, subject to law and law, according to the democratic expression of the popular will. The Constitution enshrines the instrumental nature of the administration, which serves the interests of the citizens and the political responsibility of the government concerned, since it is responsible for directing it.

The legal system of public administrations must be established from this concept and transcend the rules of internal functioning, in order to integrate into the society to which it serves as the instrument that promotes conditions for the constitutional rights of the individual and the groups that make up the society to be real and effective.

But in addition, the legal regime is not neutral in a dynamic of modernization of the state. The administrative procedure is an appropriate instrument to energize its progress and, therefore, the essential rules of the procedure are a fundamental part in the process of modernization of our society and its administration.

From this perspective, the change that the law operates is profound and it is perceived throughout the whole of the articulated, in which it has been respected, even literally the most consolidated precepts in the technique of administrative management. The reception that the Law operates of the former order constitutes in itself an acknowledgment of the importance that the one had in its day and that today, in good part preserves.

But alongside this, the need to introduce profound reforms in this area, both the multiplicity of public administrations to which the law is addressed, and the need to expand and expand, are undeniable. to strengthen citizens ' guarantees for the fair and prompt resolution of cases.

4

The multiple and complex reality of the coexistence of the State Administration, the Administrations of the Autonomous Communities and those of the Local Entities, projecting their activity on the same subjective and It makes it necessary to bring about an effective approach to administrative services for citizens.

The aim is to demand a smooth relationship between the public administrations and a legal framework of action common to all of them that allows individuals to address any administrative authority with the certainty of which all operate with homogeneous criteria.

The effectiveness in the performance of this plural and complex reality, which are the Public Administrations, makes the cooperation between them an active principle, not only desirable, but indispensable to their operation. Cooperation is a general duty, the essence of the model of territorial organization of the autonomous state, which is configured as a reciprocal duty of support and mutual loyalty that is not necessary to be justified in concrete precepts because it cannot (a) to impose, but to agree, to settle or to settle, the principle being that, as such, it should preside over the exercise of shared competences or those exercised over the same physical space. This necessary institutional cooperation between public administrations will allow, in the framework of the modernization of its structures, the simplification of all of them and, where possible, also the reduction of the territorial organization of the General administration of the State, in the Autonomous Communities which, by reason of their own competence level, have assumed the management of the matters in which the functions of those territorial bodies are developed.

5

New trends in the organization's science provide an additional focus on how much mechanism to ensure the quality and transparency of administrative action, which make substantial differences between the Scenarios of 1958 and 1992. The Law of Administrative Procedure of 1958 sought to modernize the archaic ways of the Spanish Administration, advocating a rationalization of the bureaucratic works and the use of " suitable machines, with a view to implementing a progressive mechanisation and automatism in public offices, provided that the volume of work makes the use of these procedures economic. " This very limited approach has made it difficult for the computerization, support and nervous fabric of the social and economic relations of our time to have had a substantive impact on the administrative procedure, due to lack of formal recognition of the validity of documents and communications issued by that route. The extraordinary advance experienced in our Public Administrations in the technification of its operational means, through its ever greater computer and telematic park, has been limited to the internal operation, without correspondence relevant to the legal production of its activity related to citizens. The bureaucratic formalistic techniques, supposedly guaranteed, have lapsed, even though some seem to them to be immovable, and the Law is resolutely open to the technification and modernization of the administrative action in its production side. legal and permanent adaptation to the pace of technological innovations.

6

Title I deals with the relations between the public administrations of direct character in some cases and, in others, formalized through the higher organs of government, based on the premises of the constitutional loyalty and the collaboration to be presided over by those, which is used to the model of territorial organization of the State implemented by the Constitution.

This is an inexcusable condition for articulating the orderly development of administrative activity from the moment when there is a diversity of administrations that project their activity on the same territorial scope, personal and, on occasion, material, activity which at the same time must meet the criteria of effectiveness without prejudice to other competences.

Involving this plurality of factors forces us to intensify cooperation relations, through mutual assistance, exchange of information, sectoral conferences for the adoption of criteria or points of view (i) common in dealing with the problems of each sector, or the conclusion of collaboration agreements, as general aspects which may be subject to practical implementation in the various sectors of administrative activity.

The Law collects these aspects, which have already demonstrated their fertility in practice, and introduces as new the figure of the Convention of Sectoral Conference, which will facilitate the multilateral agreement for sectoral actions, without prejudice of its agreed origin, which requires the express conformity of all the parties involved. In this way, the sectoral conferences, without replacing or annulling the decision-making powers of each public administration, will receive a new impetus in the decisive role that they are already playing in the consolidation of the State of the Autonomies.

7

Title II devotes its chapter I to regulating the general principles of the system of administrative bodies, derived from the higher principles of unavailability of competition, hierarchy and coordination, in the framework of the provided for in Article 103 of the Constitution.

Fully respectful of the power of self-organization of public administrations, the Law is limited to regulating the strict core of what constitutes the basic regulation of all administrative organizations, whose observance has direct effects on the validity and effectiveness of administrative acts.

The same perspective on self-organization leads to regulation in Chapter II, the regime of the functioning of the collegiate bodies.

But, in addition, the most recent evolution of our administrative organization toward participatory formulas, compels us to contemplate the new typology of collegiate bodies whose composition and functionality does not conform to the regulations established by the previous Law, dictated in a historical and political circumstance in which the participation of other administrations or of social organizations, was unthinkable.

Chapter III, which sets out the general rules of abstention and recusal of the Authorities and staff of the Public Administrations, is corollary of the mandate that the Constitution welcomes in its article 103.1 when it preaches that the Public administration, with objectivity, serves the general interests. The common normalisation of the objective causes of abstention and recusal is as much as guaranteeing the principle of neutrality, which requires maintaining public services to be covered by any collision between particular interests and general interests.

8

Title III sets out the rules for stakeholders, with the extent required by this concept. The specialities of the capacity to act in the field of administrative law, the legitimacy to intervene in the procedure, the appearance through representatives and the plurality of interested parties are regulated. This is followed by a response to the provisions of the Constitution, Article 105 (c) of which provides for the right of the persons concerned to be heard as a cornerstone of the administrative procedure.

9

Title IV, under the heading "Of the activity of the Public Administrations", contains a transcendent formulation of the rights of citizens in administrative procedures, in addition to those that recognize the Constitution and the Laws. The possibility of identifying the authorities and officials under whose responsibility the procedures are dealt with-breaking the traditional opacity of the administration-should be highlighted as significant innovations. the right to make claims and to provide documents at any stage of the proceedings before the hearing, the failure to submit those already provided to the Acting Administration, and the right to obtain information and guidance on the legal or technical conditions which the existing provisions impose on projects which are propose to address.

Incorporates, then, the essential rules on the use of official languages, regulates access to information of files and administrative records, as set out in Article 105, b) of the Constitution, and it addresses in a frontal and determined manner-in contrast to the timidity of the provisions of the Law of Administrative Procedure of 1958-the installation in computer support of the general registers, as well as the computer integration of those with the remaining administrative records.

In this regard, the principles of cooperation, coordination and collaboration are particularly relevant, enabling citizens to present the requests, writings and communications that they address to the administrations. Public in the registers of any administrative body belonging to the General Administration of the State or to the General Administration of the Autonomous Communities, regardless of the other possibilities already established or which are establish. To this end, it is envisaged that, by means of a collaboration agreement between the public administrations, intercom and coordination of registers will be established to ensure the information compatibility and the telematic transmission of the data. seats.

The right to the identification of the authorities and officials under whose responsibility the procedures are dealt with, which was previously referred to, is now supplemented by the possibility of requesting the responsibility for the failures in the processing.

The Law introduces a new concept about the relationship of administration with the citizen, overcoming the doctrine of so-called administrative silence.

It could be said that this Law establishes positive administrative silence by changing our traditional norm. It wouldn't be accurate. The objective of the Law is not to give a positive character to the inactivity of the Administration when individuals are directed to it. The positive character of the administration's inactivity is the guarantee that is established when the true objective of the Law is not met, which is that the citizens obtain an express response from the Administration and, above all, that they obtain it in the deadline set. The administrative silence, positive or negative, should not be a normal legal institute, but the guarantee that prevents the rights of individuals from being emptied of content when their Administration does not respond effectively and with due speed the functions for which it has been organized. This guarantee, the exponent of an Administration in which the effectiveness of formalism must be first, will only yield when there is a prevalent general interest or, when in fact, the right whose recognition is postulated does not exist.

Logically, the aforementioned regulation is complemented by the subsequent inclusion, as an assumption of full nullity, of the alleged or express acts contrary to the legal order by which powers are acquired or rights where the essential requirements for its acquisition are lacking.

Concludes title IV with an open incorporation of the computer and telematics techniques in the relationship city-administration and solves the problems that in terms of terms and deadlines were raised because of the diversity of holiday calendars.

10

Title V opens the chapter devoted to administrative provisions, stating the general principles of legality, hierarchy, advertising and singular indispensability of the Regulation.

Chapter II regulates the requirements of administrative acts, based on the principles of competition and legality, with the expression of those that require motivation, collecting their written form as a general rule.

The effectiveness, notification and publication of administrative acts is set out in Chapter III, opening up the possibility of means of notification other than traditional ones which, without the necessary guarantees of authenticity, allow for its streamlining by employing new techniques for the transmission of information, overcoming the limitation of the exclusivity of the domicile as a place of notifications.

In Chapter IV, the causes and effects of the nullity and nullability of the administrative acts are regulated. The Law includes, as a cause for nullity of full rights, the injury of the essential content of the rights and freedoms that are amenable to constitutional protection, in virtue of the special protection afforded to them by the Constitution.

11

Title VI regulates the general structure of the procedure to be followed for the performance of the administration's legal activity.

In Chapter I, the initiation is regulated, which may be made on its own initiative or at the request of the interested parties.

The applications of the interested parties are open to the possible use of telematic and, even audiovisual, means to facilitate their formulation, provided that the authenticity of their will is proven.

In this chapter, other issues related to initiation are also regulated, such as the period of prior information, the provisional measures to ensure the effectiveness of the resolution, the accumulation of cases and the modification or voluntary improvement of the terms of the application made by the interested parties.

Chapter II, dedicated to sorting, collects the criteria for speed and craft drive, and contains a set of rules to simplify and streamline procedures for the procedure.

The instruction in the procedure is set out in Chapter III by regulating the allegations, test media and reports. It has been given specific treatment of the increasingly frequent occurrence of reports by a public administration other than the one dealing with the procedure, providing that its non-evacuation will not necessarily paralyse the procedure, to prevent the inactivity of a Management from being detrimental to the parties concerned.

This chapter is also covered by the hearing procedure, which will be carried out by showing the parties concerned as a whole, except in the case of cases where the right of access to files is not covered. administrative records.

The processing of public information, when required by the nature of the procedure, is regulated in a manner which is clearly distinct from the hearing, because neither the appearance of the hearing grants the status of the person concerned, nor the unappearance power the resource path for those with this condition.

12

Chapter IV regulates the ways and effects of the completion of the procedure, through resolution, withdrawal, waiver, or expiration.

The possibility of using conventional instruments in the processing and termination of procedures is introduced.

The enforceability of administrative acts and the means of enforcement are included in Chapter V. Self-protection of the Public Administration, which allows for the articulation of the means of execution that guarantee the (a) the effectiveness of administrative activity is, in any case, subject to the constitutional limits; the precise means of implementation must be adopted in such a way as to restrict individual freedom to the minimum and in accordance with the principle of proportionality.

13

Title VII, "Review of Administrative Acts", establishes a profound modification of the system of administrative resources in force until today, taking into account the more consolidated doctrinal approaches, both in terms of simplification, as well as the possibilities for the establishment of systems for the solution of complaints and resources other than traditional ones and whose implementation is becoming frequent in the countries of our environment and which already exist, in some case, in our own order.

The system of review of the activity of the Public Administrations that the Law establishes, is organized around two basic lines: The unification of the ordinary resources and the strengthening of the review of the trade for cause of nullity.

The first line involves establishing a single possible resource to exhaust the administrative path, either the ordinary one that is regulated in the Law, or the substitute that, on a sectoral basis, can establish other laws.

The revision of the trade, for its part, is configured as a true procedure of nullity, when it merges in this cause, collecting the unanimity of the jurisprudential and scientific doctrine.

14

Title IX regulates the basic principles to which the exercise of the authority sanctioning the administration must be subject and the corresponding rights that derive from such principles for citizens extracted from the text The Court of Justice and the Court of Justice In fact, the Constitution, in its Article 25, deals with criminal and administrative offences together, highlighting the desire for both to be subject to principles of basic identity, especially when the field of action of the Administrative law sanctioning has been collecting types of unfair from the criminal field which are not subsisting on the same in the interest of the principle of minimum intervention.

Among these principles is the rule of legality or "democratic ratio", under which it is the legislative power that must set the limits of the sanctioning activity of the Administration and the one of typicality, manifestation in this the area of legal certainty, together with the presumption of innocence, information, defence, responsibility, proportionality, interdiction of the analogy, etc.

All of them are considered to be basic when deriving from the Constitution and to guarantee to them a common treatment before the Public Administrations, while the establishment of the concrete material procedures is issue affecting each public administration in the exercise of its powers.

15

Title X, "From the responsibility of the Public Administrations and their Authorities and other personnel to their service", incorporates the regulation of a matter closely linked to administrative action and which constitutes, together with at the principle of legality, one of the great supports of the system. The forecast contained in article 149.1.18 of the Constitution on the establishment of a "system of responsibility of all public administrations" is thus made.

As far as the patrimonial responsibility is concerned, the draft gives a response to the constitutional pronouncement of compensation for all the injuries that individuals suffer in their property and rights as a result of the operation of the public services, in accordance with the prevailing market valuations, also establishing the possibility that up to a certain limit can be made effective within 30 days, provided that the assessment of the damage and the causal relationship between the injury and normal or abnormal operation of the service public are unequivocal.

Preliminary Title

From scope and general principles

Article 1. Object of the Law.

This Law establishes and regulates the bases of the legal system, the common administrative procedure and the system of responsibility of the Public Administrations, being applicable to all of them.

Article 2. Scope.

1. The effects of this Law are understood by Public Administrations:

a) The General Administration of the State.

(b) The Administrations of the Autonomous Communities.

c) The Entities that integrate the Local Administration.

2. Entities governed by public law with their own legal personality linked to or dependent on any of the Public Administrations shall also have the consideration of Public Administration. These Entities shall subject their activity to this Law when they exercise administrative powers, subject to the rest of their activity to which their standards of creation are available.

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.

2. The Public Administrations, in their relations, are governed by the principle of cooperation, 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.

Title I

From Public Administrations and their Relationships

Article 4. Principles of relations between public administrations.

1. The Public Administrations, in the development of their activity and in their reciprocal relations, shall:

(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, the Public Administrations may request any data, documents or evidence from the Ente to which the request is addressed. They may also request enforcement assistance.

3. The requested assistance may be refused only where the Ente from which it is requested is not entitled to provide it or where, in so doing, it will cause serious injury to its interests or to the fulfilment of 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 of competencies.

Article 5. Sectoral conferences.

1. In order to ensure at all times the necessary coherence of the actions of the Public Administrations and, where appropriate, the necessary coordination and collaboration, the governing bodies of the different Autonomous Communities may be convened in Sectoral conference in order to exchange views, to examine in common the problems of each sector and the measures planned to address them or to solve them.

2. 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.

3. Agreements to be adopted at a sectoral conference shall be signed by the Minister or Ministers responsible and by the holders of the relevant governing bodies of the Autonomous Communities. Where appropriate, these agreements may be formalised under the name of the Sectoral Conference Convention.

Article 6. Collaboration conventions.

1. The Government of the Nation and the governing bodies of the Autonomous Communities may conclude cooperation agreements with each other in the field of their respective powers.

2. Instruments for the formalisation of the 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 you agree to develop 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.

Article 7. Consortia.

1. 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.

2. The Statutes of the consortium shall determine the purpose of the consortium, as well as the specificities of the organic, functional and financial regime.

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

4. For the management of the services entrusted to it, any of the forms provided for in the legislation applicable to the consorted administrations may be used.

Article 8. Effects of the conventions.

1. The sectoral conference conventions and the partnership agreements in no case entail the waiver of the powers of the authorities involved.

2. The sectoral conference conventions and the cooperation agreements concluded shall oblige the authorities involved from the time of signature, unless otherwise specified in them.

Both the Sectoral Conference conventions and the collaboration agreements will be communicated to the Senate.

Both types of agreements should be published in the "Official State Gazette" and in the "Official Journal" of the respective Autonomous Community.

3. The contested questions which may arise in their interpretation and compliance, without prejudice to the provisions of Article 6.3, shall be of knowledge and competence of the Jurisdictional Order of the Administrative-Administrative and, where appropriate, of the jurisdiction of the Constitutional Court.

Article 9. Relationships with Local Administration.

Relations between the General Administration of the State or the Administration of the Autonomous Community with the Entities that make up the Local Administration shall be governed by the basic legislation on Local Regime, (i) apply the provisions of this Title.

Article 10. Communications to the European Communities.

When under an obligation arising from the Treaties of the European Communities or from the acts of its institutions, the communication to these of general provisions, resolutions, projects of a general nature, provisions, or any other information whose dispatch is required by the Community Legal Order, the Public Administration concerned shall forward its referral within 15 days to the competent body of the General administration of the State to make the communication to these institutions.

Title II

Of the organs of the Public Administrations

Chapter I

General principles and competence

Article 11. Creation of administrative bodies.

1. It is for each public administration to define, in its own field of competence, the administrative units which form the administrative bodies of the specialties derived from their organization.

2. The creation of any administrative body will require compliance with the following requirements:

a) Determination of their form of integration in the Public Administration in question and their hierarchical dependence.

b) Delimitation of their functions and competencies.

(c) The allocation of the credits necessary for its implementation and operation.

3. No new bodies may be set up which involve duplication of existing bodies if, at the same time, the competence of such bodies is not deleted or is duly restricted.

Article 12. Competence.

1. Competition is indispensable and will be exercised precisely by the administrative bodies which have it assigned as their own, except for cases of delegation or endorsement, when they are carried out in the terms provided for in this or other laws.

The management mandate, the delegation of signature and the supply do not imply an alteration of the ownership of the competition, although it does of the determining elements of its exercise that in each case are foreseen.

2. The ownership and exercise of the powers conferred on the administrative bodies may be deconcentrated in other hierarchically dependent on those in the terms and with the requirements laid down in the own rules for the allocation of competencies.

3. If any provision confers competence on an Administration, without specifying the body to be exercised, the power to instruct and to resolve the files shall be understood to be the responsibility of the lower bodies competent for the matter and of the territory, and, if several of them exist, to the common hierarchical superior.

Article 13. Delegation of powers.

1. Each Public Administration may agree to the delegation of the exercise of powers conferred on its administrative bodies in other bodies, even if they are not hierarchically dependent, where there are technical circumstances, economic, social, legal or territorial, making it appropriate.

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 organ 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. Except in the case of an express authorisation of a law, the powers to be exercised by delegation, or the exercise of the competence to resolve a case, shall not be delegated where the provision has been made in advance of a mandatory opinion.

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, by the quorum.

Article 14. Vocation.

1. The higher bodies may be able to use the knowledge of a case whose decision is ordinarily or by delegation to its dependent administrative bodies, where circumstances of a technical, economic, social, legal or make it convenient.

In the case of delegation of powers in non-hierarchically dependent bodies, the knowledge of a case may be endorsed only by the delegating body.

2. In any event, the endorsement shall be made by means of a reasoned agreement which shall be notified to the persons concerned in the proceedings, if any, prior to the final decision being made.

Against the endorsement agreement, there will be no recourse, although it may be contested in the appeal which, if appropriate, is brought against the decision of the procedure.

Article 15. Management command.

1. The performance of activities of a material, technical or service nature of the administrative bodies or of the Entities governed by public law may be entrusted to other bodies or entities of the same or different administration, for reasons of effectiveness or where the technical means for their performance are not available.

2. The management task does not entail any transfer of ownership of the competition or the substantive elements of its exercise, the responsibility of the body or entity responsible for issuing any legal acts or resolutions in support of or in respect of Those that are integrated into the specific material activity object of entrustment.

3. The management task between administrative bodies or entities governed by public law belonging to the same Administration shall be formalized in terms of its own rules and, failing that, by express agreement of the organs or Intervening entities. In any case, the instrument for formalising the management mandate and its resolution shall be published, in order to be effective in the Official Journal concerned.

Each Administration may regulate the requirements necessary for the validity of such agreements which shall include, at least, express mention of the activity or activities to which it affects, the term of validity and the nature and extent of the the management entrusted.

4. Where the management task is carried out between bodies and entities of different administrations, it shall be formalised by signature of the relevant agreement between them, except in the case of the ordinary management of the services of the Communities. Autonomous by Provincial Diputations or in their case Cabildos or Island Councils, which shall be governed by the legislation of Local Regime.

5. The legal system of the management mandate provided for in this Article shall not apply where the activities listed in the first subparagraph are to be carried out on natural or legal persons subject to private law, then, where appropriate, to the corresponding legislation of State contracts, without the possibility of entrusting persons or entities of this nature activities which, according to the legislation in force, are to be carried out subject to the administrative law.

Article 16. Signature delegation.

1. The holders of the administrative bodies may, in the matter of their own competence, delegate the signature of their decisions and administrative acts to the holders of the administrative bodies or bodies which are dependent on them, within the limits of the limits laid down in Article 4 (1). referred to in Article 13.

2. The delegation of signature shall not alter the competence of the delegating body and shall not be published for its validity.

3. The decisions and acts to be signed by delegation shall include the authority of provenance.

4. The delegation of signature shall not be present in the resolutions of a sanctioning nature.

Article 17. Supply.

1. The holders of the administrative bodies may be temporarily replaced in the case of a vacancy, absence or illness by whom the competent body for the appointment of the administrative bodies is appointed.

If an alternate is not appointed, the jurisdiction of the administrative body shall be exercised by the person appointed by the immediate administrative body.

2. The supply shall not imply any alteration of the competition.

Article 18. Coordination of competencies.

1. The administrative bodies in the exercise of their own powers shall adjust their activities in their relations with other bodies of the same or other administrations to the principles laid down in Article 4 (1) of the Law and shall coordinate it with the which may legitimately correspond to them, and may be able to obtain the information they require.

2. The rules and acts dictated by the bodies of the public authorities in the exercise of their own competence must be observed by the other administrative bodies, even if they are not hierarchically dependent on each other or belong to another. Administration.

Article 19. Inter-organ communications.

1. The communication between the administrative bodies belonging to the same Public Administration shall always be carried out directly, without transfers or reproductions through intermediate bodies.

2. Communications between the administrative bodies may be made by any means ensuring the constancy of their receipt.

Article 20. Decisions on competition.

1. The administrative body which is deemed to be incompetent for the resolution of a case shall forward the proceedings directly to the body which it considers to be competent, if it belongs to the same public administration.

2. The parties involved in the proceedings may contact the body which is aware of a case to decline its competence and refer the proceedings to the competent body.

They may also be directed to the body they deem competent to require inhibition to which they are aware of the matter.

3. Conflicts of privileges may only arise between bodies of the same Administration not related hierarchically, and in respect of matters for which the administrative procedure has not been completed.

Article 21. Instructions and service orders.

1. The administrative bodies may direct the activities of their hierarchically dependent organs by means of instructions and service orders.

Where a specific provision so establishes or is deemed appropriate by reason of the addressees or effects that may occur, the instructions and orders of service shall be published in the official journal which corresponds.

2. Failure to comply with the instructions or orders of service does not in itself affect the validity of acts dictated by the administrative bodies, without prejudice to the disciplinary responsibility in which it may be incurred.

Chapter II

Collegiate organs

Article 22. Regime.

1. The legal status of the collegiate bodies shall be in accordance with the rules laid down in this Chapter, without prejudice to the organisational characteristics of the public authorities in which they are integrated.

2. The collegiate bodies of the various public administrations involved in the participation of representative organizations of social interests, as well as those composed of representatives of different public administrations, whether or not they have Participation of representative social interest organisations may establish or supplement their own operating rules.

The collegiate bodies referred to in this paragraph shall be integrated into the appropriate Public Administration, even if they do not participate in the hierarchical structure of the Public Administration, unless they are established by its rules of creation, divesting from his or her duties or the nature of the collegiate body.

Article 23. President.

1. In each collegiate body, the President is responsible:

a) Ostend the representation of the organ.

(b) agree to the convening of ordinary and extraordinary sessions and the establishment of the agenda, taking into account, where appropriate, requests from other members in good time.

c) Chair sessions, moderate the development of debates, and suspend them for justified reasons.

d) To vote with the draws, for the purpose of adopting agreements, except in the case of the collegiate bodies referred to in Article 22 (2), in which the vote shall be settled if they are established by their own rules.

e) Ensuring compliance with laws.

f) Vising the minutes and certifications of the organ agreements.

g) Exercise how many other functions are inherent in your condition as the organ's president.

2. In cases of vacancy, absence, illness, or other legal cause, the President shall be replaced by the appropriate Vice-President, and failing that, by the member of the collegiate body of greater hierarchy, seniority and age, by this order, from among his components.

This rule shall not apply to the collegiate bodies provided for in Article 22 (2) in which the replacement regime of the President must be specifically regulated in each case, or expressly established by agreement of the plenary session of the collegiate body.

Article 24. Members.

1. In each collegiate body it is up to its members:

(a) Receive, at least forty-eight hours in advance, the notice containing the agenda of the meetings. Information on the topics on the agenda will be available to the members in the same time.

b) Participate in the sessions debates.

c) Exercise their right to vote and formulate their particular vote, as well as express the sense of their vote and the reasons that justify it.

They will not be able to abstain in the votes who, because of their quality of authorities or personnel in the service of the Public Administrations, have the status of members of collegiate bodies.

d) Formulate questions and questions.

e) Get accurate information to fulfill the assigned functions.

f) How many other functions are inherent in your condition.

2. Members of a collegiate body shall not be entitled to the functions of representation recognised as such, unless they have been expressly granted to them by a standard or by agreement validly adopted, for each individual case, by the body itself.

3. In cases of absence or disease and, in general, where there is a justified cause, the members of the collegiate body shall be replaced by their alternates, if any.

In the case of collegiate bodies referred to in Article 22 (2), representative organisations of social interest may replace their members with other members, by crediting them with the Secretariat of the collegiate body, with respect to reservations and limitations that establish its rules of organization.

Article 25. Secretary.

1. The collegiate bodies shall have a Registrar who may be a member of the body itself or a person serving the relevant Public Administration.

2. The designation and the cessation, as well as the temporary replacement of the Secretary in cases of vacancy, absence or disease shall be carried out in accordance with the provisions of the specific rules of each organ and, failing that, by agreement of the body.

3. Corresponds to the Secretary of the collegiate body:

a) Attend meetings with a voice but without a vote if an official, and with a voice and vote if the Secretariat of the organ is held by a member.

b) To call for meetings of the organ on the order of the President, as well as the summons to the members of the body.

c) Receive the members ' acts of communication with the body and therefore the notifications, requests for data, corrections or any other kind of writing from which they must be aware.

d) Prepare the issue, write and authorize the minutes of the sessions.

e) Exorder certifications from approved queries, opinions, and agreements.

f) How many other functions are inherent in your status as Secretary.

Article 26. Calls and sessions.

1. For the purposes of the establishment of the body, for the purposes of holding meetings, deliberations and taking of agreements, the presence of the President and the Registrar or, where appropriate, of those who replace him, and at least half of its members, shall be required, except as provided for in point 2 of this Article.

In the case of the collegiate bodies referred to in Article 22 (2), the President may validly consider the body, for the purposes of the session, if the representatives of the institutions are present. Public administrations and representative organisations of social interests members of the body to whom the condition of the spokespersons has been attributed.

2. The collective bodies may establish the own system of calls, if this is not provided for by its operating rules.

Such a scheme may provide for a second call and specify the number of members needed to validly constitute the body.

3. No matter which is not included on the agenda may not be the subject of deliberation or agreement unless all members of the collegiate body are present and the urgency of the matter is declared by the majority vote.

4. The agreements shall be adopted by a majority of votes.

5. Those who credit the ownership of a legitimate interest may contact the Secretary of a collegiate body to be issued with the certification of their agreements.

Article 27. Minutes.

1. Minutes of each session held by the collegiate body shall be drawn up by the Registrar, who shall necessarily specify the assistants, the agenda of the meeting, the circumstances of the place and time at which it has been held, the main points of the deliberations, as well as the content of the agreements adopted.

2. The minutes shall include, at the request of the members of the body, the vote contrary to the agreement adopted, their abstention and the reasons for which they justify it or the meaning of their favourable vote. Furthermore, any member has the right to request the full transcript of his speech or proposal, provided that he or she contributes to the act, or within the time limit indicated by the President, the text that corresponds faithfully with his intervention, This is stated in the minutes or by joining the minutes.

3. Members who disagree with the majority agreement may make a special written vote within forty-eight hours, which shall be incorporated in the approved text.

4. Where the members of the body vote against or abstain, they shall be exempt from the liability which, where appropriate, may be derived from the agreements.

5. The minutes shall be approved in the same or the following session, but may nevertheless be issued by the Registrar certifying the specific agreements which have been adopted, without prejudice to the subsequent approval of the minutes.

In the certifications of adopted agreements issued prior to the approval of the minutes, this circumstance shall be expressly stated.

Chapter III

Abstention and recusal

Article 28. Abstention.

1. The authorities and the staff at the service of the Administrations in which some of the circumstances referred to in the following number are given shall refrain from intervening in the proceedings and shall communicate it to their immediate superior, who will resolve the matter.

2. The following are reasons for abstention:

(a) Having a personal interest in the case in question or in another in whose resolution the decision might influence that; to be an administrator of a company or an interested entity, or to have a pending litigation with any interested party.

b) Having a kinship of consanguinity within the fourth degree or affinity within the second, with any of the stakeholders, with the administrators of the entities or societies concerned and also with the advisors, representatives legal or authorised representatives to intervene in the procedure, as well as to share professional office or to be associated with them for advice, representation or mandate.

c) Having intimate friendship or manifest enmity with one of the persons mentioned in the previous section.

(d) You have had an intervention as a expert or as a witness in the procedure in question.

e) Have a service relationship with natural or legal person directly interested in the matter, or have provided them in the last two years professional services of any kind and in any circumstance or place.

3. The action of authorities and staff in the service of public administrations in which there are grounds for abstention shall not necessarily imply the invalidity of the acts in which they have intervened.

4. The higher bodies may order the persons in whom one of the circumstances indicated to abstain from any intervention in the file to be held.

5. Failure to abstain in cases where appropriate will give rise to liability.

Article 29. Recusal.

1. In the cases provided for in the previous Article, it may be promoted by the parties concerned at any time during the procedure.

2. The recusal shall be made in writing in which the cause or causes in which it is founded shall be expressed.

3. On the following day the recusal will manifest to his immediate superior whether or not the alleged cause is given in him. In the first case, the superior may agree to his replacement act followed.

4. If the recusal denies the cause of recusal, the superior will resolve within three days, prior to the reports and checks deemed appropriate.

5. Against the decisions taken in this matter, no appeal shall be made, without prejudice to the possibility of claiming the challenge when bringing the action against the act terminating the proceedings.

Title III

From stakeholders

Article 30. Ability to work.

They will have the capacity to act before the Public Administrations, in addition to the persons who have it according to the civil norms, the minors for the exercise and defense of those of their rights and interests whose interests action is permitted by the law-administrative system without the assistance of the person exercising the parental authority, guardianship or curatella. The case of disabled minors is excepted, where the extent of the incapacitation affects the exercise and defence of the rights or interests involved.

Article 31. Concept of stakeholder.

1. They are considered to be interested in the administrative procedure:

a) Those who promote it as holders of legitimate individual or collective rights or interests.

(b) Those who, without having initiated the procedure, have rights which may be affected by the decision to be taken.

(c) Those whose legitimate, individual or collective interests may be affected by the resolution and are in accordance with the procedure as long as there is no definitive resolution.

2. Associations and organizations representing economic and social interests shall be the holders of collective legitimate interests in the terms that the Law recognizes.

3. Where the condition of the person concerned derives from a legal relationship which is transmissible, the right holder shall be in such a condition as to be the state of the proceedings.

Article 32. Representation.

1. The persons concerned with the capacity to act may act by means of a representative, with administrative action being understood, unless the person concerned expresses his opinion.

2. Any person with a capacity to act may act on behalf of another person before the General Administration.

3. In order to make applications, to establish resources, to withdraw shares and to waive rights on behalf of another person, representation shall be credited for any valid means in law that would leave a reliable record, or by means of a declaration in personal appearance of the data subject.

For the acts and procedures of the procedure, the representation will be presumed.

4. The lack or insufficient accreditation of the representation shall not prevent the act in question from being carried out, provided that the defect is provided or the defect is remedied within the period of ten days to be granted by the body. administrative, or of a higher deadline when the circumstances of the case so require.

Article 33. Plurality of stakeholders.

Where, in a written request or communication, a number of interested parties appear, the actions to be taken shall be carried out with the representative or the person concerned who has expressly indicated, and, failing that, with which he appears in the first term.

Article 34. Identification of stakeholders.

If during the instruction of a procedure that has not been legally advertised, the existence of persons who are the holders of legitimate and direct rights or interests whose identification results from the file and which may be affected by the decision being made, the processing of the procedure shall be communicated to those persons.

Title IV

From the activity of Public Administrations

Chapter I

General rules

Article 35. Citizens ' rights.

Citizens, in their relations with Public Administrations, have the following rights:

a) To know, at any time, the status of the processing of the procedures in which they have the status of data subjects, and to obtain copies of documents contained in them.

b) To identify the authorities and personnel at the service of the Public Administrations under whose responsibility the procedures are carried out.

(c) To obtain sealed copies of the documents they submit, together with the originals, as well as the return thereof, except where the originals are required to act in the proceedings.

d) To use the official languages in the territory of your Autonomous Community, in accordance with the provisions of this Law and the rest of the Legal Order.

e) To make representations and to provide documents at any stage of the procedure prior to the hearing procedure, which shall be taken into account by the competent body in writing the motion for a resolution.

(f) Not to present documents not required by the rules applicable to the procedure in question, or which are already in the hands of the Acting Administration.

g) To obtain information and guidance about the legal or technical requirements that the current provisions impose on the projects, actions or requests they intend to make.

h) Access to the records and archives of the Public Administrations in the terms provided for in the Constitution and in this or other Laws.

i) To be treated with respect and deference by the authorities and officials, who will have to facilitate the exercise of their rights and the fulfilment of their obligations.

j) To demand the responsibilities of the Public Administrations and the staff at their service, where this is legally applicable.

k) Whatever others recognize the Constitution and the Laws.

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.

In any case, the documents that must have effects outside the territory of the Autonomous Community must be translated into Spanish and directed to those interested who expressly request it.

3. The files or parts thereof drawn up in a co-official language other than Spanish, when they are intended to have effects outside the territory of the Autonomous Community, shall be translated into Spanish by the Public Administration. instructor.

Article 37. Access right to Files and Records.

1. Citizens have the right to access records and documents which, as part of a file, are in the administrative files, whatever the form of expression, graphic, sound or image or the type of material support in the case. which appear, provided that such files correspond to procedures completed on the date of the application.

2. Access to documents containing data relating to the privacy of persons shall be reserved for such persons, who, in the event that such data are incomplete or inaccurate, may require that they be rectified or completed, except where which appear on files expired for the duration of time, in accordance with the maximum time limits to be determined by the various procedures, for which no substantive effect can be derived.

3. Access to documents of a nominative nature which do not include other data pertaining to the privacy of persons are included in the procedures for the application of the law, except those of a sanctioning or disciplinary nature, and which, in consideration of their content, may be enforced for the exercise of the rights of the citizens, may be exercised, in addition to by their holders, by third parties who demonstrate a legitimate and direct interest.

4. The exercise of the rights set out in the preceding paragraphs may be refused where reasons of public interest prevail, by interests of third parties more worthy of protection or where a law so provides, and in such cases the competent authority to issue a reasoned decision.

5. The right of access may not be exercised in respect of the following files:

(a) Those containing information on the actions of the Government of the State or the Autonomous Communities, in the exercise of their constitutional powers not subject to Administrative Law.

b) Those containing information on National Defense or State Security.

(c) Those dealt with for the investigation of crimes where the protection of the rights and freedoms of third parties or the needs of the investigations being carried out may be jeopardised.

(d) Those relating to matters protected by commercial or industrial secrecy.

e) Those relating to administrative actions arising from monetary policy.

6. They shall be governed by their specific provisions:

a) Access to files submitted to the regulations on classified materials.

b) Access to documents and files containing personal health data for patients.

c) The files regulated by the legislation of the electoral system.

d) Files that serve exclusively statistical purposes within the scope of the public statistical function.

e) The Civil Registry and the Central Register of Penados and Rebels and public records whose use is governed by a Law.

(f) Access to the documents in the archives of the Public Administrations by persons who have the status of a Member of the General Courts, Senator, Member of a Legislative Assembly of the Community Standalone or a Local Corporation.

g) The consultation of existing documentary funds in the Historical Archives.

7. The right of access shall be exercised by individuals in such a way as not to affect the effectiveness of the operation of public services by making an individual request for the documents to be consulted, without it may, except for its consideration as a potestative, make a generic application on a subject or a set of materials. However, where applicants are researchers who demonstrate a relevant historical, scientific or cultural interest, the direct access of those to the consultation of the dossiers may be authorised, provided that the privacy of people.

8. The right of access shall include the right to obtain copies or certificates of documents whose examination is authorized by the Administration, subject to payment, where appropriate, of any charges which are legally established.

9. The relationship of the working documents held by the Public Administrations subject to a special publicity scheme for affecting the community as a whole and how many others may be the subject of consultation shall be the subject of periodic publication. by private individuals.

10. The instructions and replies to consultations raised by individuals or other administrative bodies which interpret the positive right or the procedures in force for the purposes of their interpretation shall be the subject of regular publication. be alleged by individuals in their relations with the Administration.

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 that would have been received.

3. General registers as well as all records which the Public Administrations establish for the receipt of letters and communications from private individuals or administrative bodies, shall 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 Convention 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 and the telematic transmission of the data. seats.

5. 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.

6. 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 the Public Administrations.

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

Article 39. Citizens ' collaboration.

1. Citizens are required to provide the Administration with reports, inspections and other investigative acts only in the cases provided for by the Act.

2. Those interested in a procedure who are aware of data to identify other stakeholders who have not appeared in it have a duty to provide them to the Acting Administration.

Article 40. Citizens ' appearance.

1. The appearance of citizens before public offices will only be mandatory when this is provided for in a rule with a law range.

2. In cases where the appearance is due, the corresponding citation shall expressly state the place, date, time and object of the appearance, as well as the effects of not attending it.

3. The Public Administrations, at the request of the person concerned, will give you certification by stating the appearance.

Article 41. Responsibility for processing.

1. The holders of the administrative units and the staff at the service of the Public Administrations who are responsible for the decision or dispatch of the cases shall be directly responsible for the processing and shall take the appropriate measures. to remove obstacles to prevent, hinder or delay the exercise of the rights of the persons concerned or to respect their legitimate interests, providing for the prevention and elimination of any abnormality in the processing of procedures.

2. Interested parties may request that responsibility be required from the appropriate Public Administration.

Article 42. Obligation to resolve.

1. The Administration is required to issue an express decision on how many applications are made by the persons concerned and on the proceedings initiated on their own initiative, the instruction and resolution of which affects the public or any person concerned.

The procedures in which the prescription, the expiration, the waiver or the withdrawal in the terms provided for in this Law, as well as those relating to the exercise of rights that only exist, are exempt from this obligation. must be the object of communication and those in which the object of the procedure has lost over-coming.

2. The maximum time limit for the application of the applications to be made by the parties concerned shall be that which results from the processing of the procedure applicable in each case. Where the rule of procedure does not set time-limits, the maximum time limit for resolution shall be three months.

Where the number of requests made reasonably prevent compliance with the time limits laid down in the applicable procedure or the maximum time limit for resolution, the body competent to instruct or, where appropriate, to requests, may propose the extension of the time-limits enabling the adoption of a resolution to the competent body to resolve or, where appropriate, to the hierarchically superior body.

The extension of the time limits referred to in this Article may not exceed the time limit initially set in the processing of the procedure.

Against the agreement that resolves on the extension of deadlines, no recourse will be taken.

3. The owners of the administrative bodies who have the competence to resolve the procedures and the staff at the service of the Public Administrations which are responsible for the dispatch of the cases are directly responsible. that the express resolution obligation is effective within the time limits set.

Failure to comply with this article will result in the requirement for disciplinary liability or, where appropriate, the cause of removal from the workplace.

Article 43. Alleged acts.

1. By way of derogation from the previous Article, if the time limit for resolution is due, and the competent body has not expressly given it, the legal effects set out in this Article shall be produced.

The expiration of the deadline does not exempt the Public Administrations from the obligation to resolve, but they must refrain from doing so when the certification referred to in Article 44 has been issued.

2. Where, in proceedings initiated pursuant to requests made by the parties concerned, no resolution has been passed in time, the following cases may be considered to be considered:

(a) Applications for licensing and authorizations for the installation, transfer or extension of companies or workplaces.

(b) Applications whose estimation would enable the applicant for the exercise of pre-existing rights, unless the estimate resulted in the transfer of the domain to the applicant or to third parties public or public service, in which case they shall be deemed to be dismissed.

(c) In all cases, applications in whose application regulations are not established to be dismissed if no express resolution is required.

3. Where, in the case of proceedings initiated pursuant to requests made by the parties concerned, no decision has been taken in time, the application may be understood to be dismissed in the following cases:

(a) Procedures for the exercise of the right of petition of Article 29 of the Constitution.

b) Resolution of administrative resources. However, where the appeal has been brought against the alleged dismissal of an application in the course of the period, the appeal shall be deemed to be considered if the time limit for the decision of the competent administrative body is not reached. Express resolution of the same.

4. In the case of procedures which are not liable to produce acts which are favourable to the public, they shall be deemed to have expired and the proceedings shall be filed, at the request of any person concerned or of his own office. the body responsible for issuing the decision within 30 days of the expiry of the period in which it was due, except in cases where the proceedings have been brought to a standstill because of the imputable cause of the person concerned; will interrupt the time frame to resolve the procedure.

5. Each Administration may, for the better knowledge of the public, publish in accordance with the regime of alleged acts provided for in this Law a relation of the procedures in which the lack of express resolution produces stowed effects and of those in which it produces them.

Article 44. Certification of alleged acts.

1. The alleged administrative acts may be enforced both before the Administration and any other person, natural or legal, public or private.

2. In order to be effective, the persons concerned or the administration itself must accredit the alleged acts by means of certification issued by the competent body which must have expressly resolved the procedure, which must be extended inexcusably within the period prescribed. of 20 days since it was requested unless it has issued an express decision within that period, without the possibility of delegating this specific competence.

The certification of alleged acts of collegiate bodies shall be issued by the Secretaries thereof, or by persons who have their duties assigned to them.

The non-issuance, where applicable, of the certification within the time limit and with the established requirements, once requested in due form, shall be deemed to be very serious.

3. The certification to be issued shall be comprehensive of the application submitted or the subject matter of the procedure followed, of the date of initiation, of the expiration of the time limit for the adoption of resolution and of the effects generated by the absence of a resolution express.

If the certification is not issued within the time limit set in the previous number, the alleged acts will be equally effective and can be credited by the display of the certification request without being left (a) the legal basis for the alleged act has been distorted.

4. Interested parties may apply for certification from the day following the expiry of the time limit for the decision and may request from the Administration that the corresponding responsibilities be required.

5. The time limits for bringing administrative and administrative proceedings in respect of the alleged acts shall be counted from the day following receipt of the certification, and if it is not issued in time, from the day following the date of receipt of the of the end of that period.

Article 45. Incorporation of technical means.

1. The Public Administrations shall promote the use and application of electronic, computer and telematic techniques and means for the development of their activities and the exercise of their powers, with limitations on the use of these means establish the Constitution and the Laws.

2. When it is compatible with the technical means available to the public authorities, citizens may be able to relate to them in order to exercise their rights through electronic, computer or electronic means and techniques with respect to the guarantees and requirements laid down in each procedure.

3. The procedures to be processed and completed in computerised form shall ensure the identification and exercise of the competence by the body which exercises it.

4. The electronic, computerised and telematic programmes and applications which are to be used by the public authorities for the exercise of their posts must be approved in advance by the competent body, which shall disseminate publicly its features.

5. The documents issued, whatever their support, by electronic, computer or telematic means by the Public Administrations, or those which they issue as copies of originals stored by these same means, shall enjoy the validity and original document effectiveness provided that its authenticity, integrity and preservation are guaranteed and, where appropriate, the reception by the data subject, as well as the fulfilment of the guarantees and requirements required by this or other laws.

Article 46. Validity and effectiveness of documents and copies.

1. Each Public Administration shall determine regulations governing bodies which have the powers of issuing authentic copies of public or private documents.

2. Copies of any public documents shall be of the same validity and effectiveness as these provided that they are authentic.

3. Copies of private documents shall be valid and effective, exclusively in the field of the activity of the Public Administrations, provided that their authenticity has been verified.

4. The documents validly issued by the organs of the Public Administrations are considered to be an administrative document.

Chapter II

Terms and Time

Article 47. Enforcement of terms and deadlines.

The terms and time limits set forth in this or other Laws require the authorities and personnel to serve the relevant Public Administrations for the handling of the cases, as well as to those interested in the matters.

Article 48. Computation.

1. Provided that no other thing is expressed, when the time limits are stated for days, it is understood that these are business, excluding from the computation on Sundays and the declared 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, they shall be computed from date to date. 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, where appropriate, in accordance with the provisions of Article 44.5.

The remaining time limits shall be counted from the day of the notification or publication of the relevant act unless otherwise provided for and, in respect of the time limits for initiating a procedure, from the date of the date on which the the application has entered into any of the records of the competent administrative body.

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

6. The declaration of a day as an indeft for the purposes of calculating deadlines does not in itself determine the functioning of the public authorities ' work centres, the organisation of working time and the access of citizens to the records.

7. The General Administration of the State and the Administrations of the Autonomous Communities, subject to the official calendar of work, shall determine in their respective field the calendar of working days for the purposes of time limits. 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.

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 third-party rights.

The extensions referred to in Article 42.2 are excluded from the extensions covered in this article.

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 offices, as well as those who, in the process of being processed inside, demand to complete some procedure. abroad or in which interested parties are resident outside Spain.

Article 50. Emergency processing.

1. Where reasons of public interest are advised, the application to the urgency procedure may be agreed, either on its own initiative or at the request of the person concerned, by which the time limits laid down for the procedure shall be reduced by half. ordinary, except those relating to the submission of applications and resources.

2. No appeal shall be lodged against the agreement declaring the application of the urgency procedure to the proceedings.

Title V

Of the provisions and administrative acts

Chapter I

Administrative Provisions

Article 51. Hierarchy and competence.

1. The administrative provisions may not violate the Constitution or the Laws or regulate those matters that the Constitution or the Statute of Autonomy recognize from the jurisdiction of the General Courts or the Legislative Assemblies of the Autonomous Communities.

2. No administrative provision may infringe the precepts of another higher rank.

3. The administrative provisions shall be in accordance with the order of hierarchy established by the laws.

Article 52. Unique advertising and indispensability.

1. In order to produce legal effects, the administrative provisions shall be published in the relevant Official Journal.

2. Administrative decisions of a particular nature may not infringe the provisions of a general provision, even if those decisions are of equal or higher status.

Chapter II

Requirements for administrative acts

Article 53. Production and content.

1. The administrative acts which the public authorities dictate, either ex officio or at the request of the person concerned, shall be produced by the competent body in accordance with the procedure laid down.

2. The content of the acts shall be in accordance with the provisions of the legal order and shall be determined and appropriate for the purposes of those acts.

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 the procedure for the review of administrative 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 to suspend acts, whatever the reason for this.

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 which end the selective and competitive competition procedures shall be carried out in accordance with the provisions of the rules governing their calls, and in any event they shall be accredited to the Commission. procedure the basis of the resolution to be adopted.

Article 55. Form.

1. Administrative acts shall be produced in writing unless their nature requires or permits another more appropriate form of expression and constancy.

2. In cases where the administrative bodies exercise their competence in a verbal manner, the written record of the act, where necessary, shall be made and signed by the holder of the lower body or official who receives it orally, expressing in the communication of the authority from which it comes. In the case of resolutions, the holder of the jurisdiction shall authorise a relationship which he has given in a verbal manner, with the expression of his content.

3. Where a series of administrative acts of the same nature, such as appointments, concessions or licences, are to be issued, they may be recast in a single act, agreed by the competent body, which shall specify the persons or other circumstances. to identify the effects of the act for each person concerned.

Chapter III

Effectiveness of Acts

Article 56. Enforceability.

The acts of Public Administrations subject to Administrative Law shall be executive in accordance with the provisions of this Law.

Article 57. Effects.

1. The acts of public administrations subject to administrative law shall be presumed to be valid and shall have effect from the date on which they are issued, unless otherwise provided for in them.

2. The effectiveness shall be delayed where the content of the act so requires or is subject to its notification, publication or higher approval.

3. Exceptionally, retroactive effect may be given to acts where they are given in place of cancelled acts, and also where they produce effects favourable to the person concerned, provided that the necessary factual circumstances already exist the effectiveness of the act is rolled back and it does not injure other people's legitimate rights or interests.

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 together, without prejudice to the possibility of the persons concerned being able to exercise, where appropriate, any other who they consider to be appropriate.

3. Defective notifications shall take effect from the date on which the person concerned takes action involving knowledge of the content of the decision or act which is the subject of the notification, or to bring the action taken.

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, in any place appropriate for the purpose, and by any means as provided for in the first paragraph 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 the notification is delivered, any person who is at the address may take charge of the notification. Record your identity.

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, means of notices on the board of edicts of the City Council of its last address in the "Official Gazette of the State", of the Autonomous Community or of the Province, according to which administration the act to notify, and the scope 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.

Public Administrations may establish other forms of complementary notification 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, in the latter case, in addition to the notification made.

(b) In the case of acts which 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 where the successive publications are to be carried out, without validity being carried out in different places.

Article 60. Publication.

1. Administrative acts shall be the subject of publication where they are laid down by the regulatory rules of each procedure or where they are recommended by the competent body for reasons of public interest.

2. The publication of an act shall contain the same elements as Article 58 (2) requires in respect of notifications. It shall also apply to the publication as set out in point 3 of the same Article.

In the case of publications of acts containing common elements, the matching aspects may be published together, specifying only the individual aspects of each act.

Article 61. Indication of notifications and publications.

If the competent body appreciates that the notification by means of notices or the publication of an act damages legitimate rights or interests, it shall be limited to publishing in the official journal corresponding to a somera content of the act and the place where the persons concerned may, within the time limit laid down, appear to be aware of the full content of the said act and evidence of such knowledge.

Chapter IV

Nullity and nullability

Article 62. Nullity of full rights.

1. The acts of the Public Administrations are null and void in the following cases:

(a) Those who injure the essential content of 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.

Article 63. Nullability.

1. The acts of the Administration that incur any infringement of the legal order, including the diversion of power, are nulliable.

2. However, the defect of form shall only determine the nullability when the act lacks the formal requirements necessary to achieve its purpose or result in the indefenceness of the persons concerned.

3. The performance of administrative action outside the time laid down for them shall only entail the nullability of the act where the nature of the term or term imposes it.

Article 64. Transmissibility.

1. The nullity or nullability of an act shall not involve that of successive proceedings in the proceedings which are independent of the first.

2. Nullity or nullability in part of the administrative act shall not involve that of the parties of the same independent of that other unless the vitiated party is of such importance that without it the administrative act has not been dictated.

Article 65. Conversion of vitiated acts.

Null or nullable acts that, however, contain the constituent elements of a different one will produce the effects of this.

Article 66. Preservation of acts and formalities.

The body that declares the nullity or annuls the proceedings shall always have the preservation of those acts and formalities whose content would have remained the same as the infringement had not been committed.

Article 67. Validation.

1. The Administration may validate the nullified acts, by subsating the vices of their suffering.

2. The act of validation shall take effect from its date, except as previously provided for the retroactivity of administrative acts.

3. If the vice consists of a non-determining incompetence of invalidity, the validation may be carried out by the competent body where it is superior to the one that dictated the act.

4. If the vice consists of the absence of any authorisation, the act may be validated by the competent body's granting of the act.

Title VI

General provisions on administrative procedures

Chapter I

Getting started with the procedure

Article 68. Initiation classes.

The procedures may be initiated either on their own initiative or at the request of a person concerned.

Article 69. Initiation of trade.

1. The procedures shall be initiated on their own initiative by the competent body, either on its own initiative or as a result of a higher order, on a reasoned request from other bodies or by complaint.

2. Prior to the initiation agreement, the competent authority may open a period of prior information in order to ascertain the circumstances of the case and whether or not to initiate the procedure.

Article 70. Initiation requests.

1. The requests to be submitted shall contain:

(a) First and last names of the person concerned and, where applicable, the person representing the person concerned, as well as the identification of the preferred medium or the place to be indicated for the purposes of notifications.

(b) Facts, reasons and requests in which the application is clearly defined.

c) Place and date.

d) Signature of the applicant or accreditation of the authenticity of his will expressed by any means.

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

2. Where the claims relating to a plurality of persons have identical or substantially similar content and basis, they may be made in a single application unless the rules governing the specific procedures otherwise have something else.

3. Of the applications, communications and letters submitted by the persons concerned to the offices of the Administration, they may require the corresponding receipt to prove the date of filing, with the admission of such a copy the date of submission entered by the office.

4. Public administrations should establish standard systems of applications in the case of procedures involving the large resolution of a number of procedures. The models mentioned above will be available to citizens in administrative dependencies.

Applicants may accompany the items they deem appropriate to specify or complete the data in the model, which must be accepted and taken into account by the body to which they are addressed.

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 provide, within a period of 10 days, to remedy the absence or to accompany them. mandatory documents, indicating that, if they do not do so, they shall be given the withdrawal of their request, filing without further processing, with the effects provided for in Article 42.1.

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. They will be followed up by a summary report, which will be incorporated into the procedure.

Article 72. Provisional measures.

1. The proceedings, the administrative body competent to resolve, may take the interim measures which it considers appropriate to ensure the effectiveness of the decision which may be made, if there are sufficient grounds for judgment to this.

2. No provisional measures may be imposed which may cause injury to the persons concerned, which may be difficult or impossible, or which involve infringement of rights covered by the laws.

Article 73. Accumulation.

The administrative body that initiates or processes a procedure, whatever the form of its initiation, may dispose of to others with which it has a substantial identity or intimate connection.

Against the accumulation agreement, no recourse will be made.

Chapter II

Ordering the procedure

Article 74. Momentum.

1. The procedure, subject to the criterion of speed, shall be automatically taken forward in all its formalities.

2. In the case of files, the strict order for the opening of proceedings shall be kept in matters of a homogeneous nature, unless the holder of the administrative unit has been given a reasoned order to the contrary.

Failure to comply with the above paragraph will result in the offender's liability for disciplinary action or, where appropriate, the cause of removal from the workplace.

Article 75. Celerity.

1. All formalities which, by their nature, are to be taken at the same time shall be agreed in a single act and shall not be enforced thereafter.

2. When applying for formalities to be completed by other bodies, the legal period laid down for this purpose must be entered in the communication.

Article 76. Compliance with procedures.

1. The formalities to be completed by the persons concerned must be completed within 10 days of the notification of the relevant act, except where the relevant rule is fixed in a different way.

2. Where at any time it is considered that any of the acts of the data subjects do not meet the necessary requirements, the Administration shall inform the author thereof, giving it a period of 10 days to complete it.

3. Interested parties who do not comply with the above paragraphs may be declared entitled to the corresponding procedure; however, the action of the person concerned shall be admissible and shall produce its legal effects, if any before or within the day the resolution is notified in which the time limit is elapsed.

Article 77. Incidental issues.

The incidental issues raised in the proceedings, including those relating to the nullity of proceedings, shall not suspend the processing of the proceedings, except for the recusal.

Chapter III

Procedure instruction

Section 1. General Provisions

Article 78. Acts of instruction.

1. The acts of instruction necessary for the determination, knowledge and verification of the data by virtue of which the decision is to be taken shall be carried out on its own initiative by the body which proceedings the proceedings, without prejudice to the right of those interested in proposing actions that require their intervention or are legally or legally established.

2. The results of the opinion polls and opinion polls which are incorporated in the instruction of a procedure shall meet the legally established guarantees for these information techniques as well as the technical identification of the procedure. followed to obtain these results.

Article 79. Allegations.

1. Interested parties may, at any time in the proceedings before the hearing, submit claims and provide documents or other evidence.

Some and others will be taken into account by the competent body when drafting the relevant motion for a resolution.

2. At all times, it may be possible for the parties concerned to invoke the defects in the proceedings and, in particular, those which have been brought to a standstill, infringement of the prescribed time-limits or the omission of formalities which may be remedied before the decision is taken. final of the case. Such claims may give rise to the requirement for disciplinary liability if there are reasons for this.

Section 2. Test

Article 80. Means and test period.

1. The facts relevant to the decision of a procedure may be accredited by any admissible means of proof in law.

2. Where the Administration does not have the facts alleged by the parties concerned or the nature of the procedure so requires, the instructor shall agree to the opening of a trial period for a period not exceeding 30 days or less than 10, in order to enable them to be deemed relevant.

3. The instructor of the procedure may reject the evidence proposed by the parties concerned only where they are manifestly inappropriate or unnecessary, by means of a reasoned decision.

Article 81. Test practice.

1. The Administration shall inform the parties concerned, in good time, of the actions necessary for the conduct of the tests which have been accepted.

2. The notification shall state the place, date and time of the test, with the warning, where appropriate, that the person concerned may appoint technicians to assist him.

3. Where, at the request of the person concerned, evidence is to be carried out, the performance of which involves expenditure not borne by the administration, the administration may require the administration to advance, subject to the final settlement, once the test. The settlement of the costs shall be carried out by joining the vouchers proving the reality and the amount of the costs.

Section 3. Reports

Article 82. Request.

1. For the purposes of the decision of the procedure, those reports which are required by legal provisions, and those which are deemed necessary to resolve, shall be requested, with the provision requiring or based on the case of convenience. to reclaim them.

2. The report request will specify the end or end of the request.

Article 83. Evacuation.

1. Unless otherwise specified, the reports shall be optional and non-binding.

2. The reports shall be evacuated within 10 days, unless a provision or compliance with the remainder of the time limits for the procedure permits or requires a further or shorter period.

3. If the report is not issued within the time limit, and without prejudice to the liability of the person responsible for the delay, action may be continued whatever the nature of the report requested, except in the case of prescriptive reports which are decisive for the decision of the procedure, in which case the time limit for subsequent proceedings may be interrupted.

4. If the report is to be issued by a public administration other than the one dealing with the procedure in order to express the point of view corresponding to their respective powers, the time limit shall elapse without the person having been evacuated, actions may be continued.

The issued out-of-term report may not be taken into account when adopting the appropriate resolution.

Section 4. Participation of stakeholders

Article 84. Hearing processing.

1. The procedures, and immediately before drafting the motion for a resolution, shall be made available to the parties concerned or, where appropriate, to their representatives, except as to the information and data referred to in the Article 37.5.

2. Interested parties may, within a period of not less than 10 days and not more than 15 days, plead and submit the documents and justifications they deem relevant.

3. If, before the expiry of the deadline, the interested parties express their decision not to make claims or to provide new documents or justifications, the procedure shall be carried out.

4. The hearing procedure may be waived where the proceedings are not included in the proceedings and other facts or other allegations and evidence which the person concerned has given them are not taken into account in the decision.

Article 85. Action by stakeholders.

1. The acts of instruction requiring the intervention of the persons concerned shall be carried out in the manner which is most comfortable for them and is compatible, as far as possible, with their professional or professional duties.

2. The persons concerned may, in any event, act as an adviser when they consider it appropriate in the interests of their interests.

3. In any event, the instructor shall take the necessary steps to ensure full respect for the principles of contradiction and equality of the parties involved in the proceedings.

Article 86. Public information.

1. The body to which the decision of the procedure applies, where the nature of the procedure requires it, may agree a period of public information.

2. To this end, it shall be announced in the "Official Gazette of the State", of the Autonomous Community, or in that of the respective Province, so that any natural or legal person may examine the procedure, or the part of it that is agreed.

The notice shall indicate the place of display and determine the time limit for making claims, which shall in no case be less than twenty days.

3. Failure to appear in this procedure shall not prevent the persons concerned from bringing the proceedings against the final decision of the proceedings.

The appearance of the public information procedure does not, by itself, grant the status of an interested party. However, those who present claims or observations in this process have the right to obtain a reasoned response from the Administration, which may be common to all claims that raise substantially equal issues.

4. In accordance with the provisions of the Laws, the Public Administrations may establish other forms, means and channels for the participation of citizens, directly or through the organizations and associations recognized by the Law in the the procedure for drawing up administrative provisions and acts.

Chapter IV

Completion of the procedure

Section 1. General Provisions

Article 87. Termination.

1. The termination, withdrawal, waiver of the right in which the application is founded shall terminate the proceedings, where such waiver is not prohibited by the Legal Order, and the declaration of revocation.

2. It will also produce the termination of the procedure the material impossibility of continuing it for oversold causes. The decision to be taken must be justified in any event.

Article 88. Conventional termination.

1. Public Administrations may conclude agreements, covenants, agreements or contracts with persons of both public and private law, provided that they are not contrary to the Legal Order or are not contrary to matters which are not subject to compromise and they are intended to satisfy the public interest entrusted to them, with the scope, effects and specific legal regime which in each case provides for the provision to regulate it, such acts being considered to be the finalizers of the administrative procedures or to be inserted in advance, binding or not, to the resolution that puts an end to them.

2. These instruments shall establish as a minimum content the identification of the intervening parties, the personal, functional and territorial scope, and the period of validity, whether or not to be published according to their nature and the persons to whom are intended.

3. They shall in any event require the express approval of the Council of Ministers, the agreements covering matters of direct competence of that body.

4. The agreements to be signed shall not alter the powers conferred on the administrative bodies or the responsibilities which correspond to the authorities and officials relating to the operation of public services.

Section 2. Resolution

Article 89. Content.

1. The resolution terminating the proceedings shall decide on all matters raised by the parties concerned and those arising therefrom.

In the case of related issues which would not have been raised by the parties concerned, the competent body may decide on such issues, and shall be before the competent body for a period of not more than 15 days, to make the submissions they deem relevant and to provide, where appropriate, the means of proof.

2. In the procedures dealt with at the request of the person concerned, the decision shall be consistent with the requests made by the person concerned, without in any event being able to aggravate his initial situation and without prejudice to the power of the Administration to initiate proceedings. A new procedure, if applicable.

3. Resolutions shall contain the decision, which shall be reasoned in the cases referred to in Article 54. They shall also express the remedies against the same administrative or judicial body in respect of which they must be submitted and the time limit for bringing them together, without prejudice to the possibility of the persons concerned being able to exercise any other they deem appropriate.

4. Under no circumstances may the Administration refrain from resolving under the pretext of silence, obscurity or inadequacy of the legal provisions applicable to the case, even if it may resolve the inadmissibility of requests for recognition of rights. provided for in the Legal Order or manifestly lacking in substance, without prejudice to the right of petition provided for in Article 29 of the Constitution.

5. The acceptance of reports or opinions shall serve as grounds for the decision when they are incorporated into the text of the resolution.

Section 3

Article 90. Exercise.

1. Any interested party may withdraw from his application or, where this is not prohibited by the Legal Order, give up his rights.

2. If the initiation letter has been formulated by two or more interested parties, the withdrawal or waiver will only affect those who have formulated it.

Article 91. Means and effects.

1. Both the withdrawal and the waiver may be made by any means that permit their constancy.

2. The Administration shall accept the withdrawal or the waiver of the procedure, and shall declare the procedure to be completed unless, in the case of the same third party concerned, they shall follow them within 10 days of the date of their withdrawal. notified of the withdrawal.

3. If the question raised by the opening of the procedure is of general interest or should be substantiated for definition and clarification, the Administration may limit the effects of the withdrawal or the waiver of the person concerned and follow the procedure.

Section 4. Expiration

Article 92. Requirements and effects.

1. In the proceedings initiated at the request of the person concerned, where the person concerned has been brought to a standstill for which he is responsible, the Administration shall inform him that, after three months, the expiry of the procedure shall be due. If this time limit is not met, the administration will agree to the file of the actions, and notify the person concerned.

Against the resolution declaring the expiration will proceed with the relevant resources.

2. The expiry of the procedure may not be agreed upon for the mere inactivity of the person concerned, provided that they are not indispensable for the purpose of the decision. Such inactivity shall have no effect other than the loss of their right to the processing.

3. Expiration shall not in itself produce the prescription of the actions of the particular or the Administration, but the expired procedures shall not interrupt the limitation period.

4. It may not apply for the expiry of the case where the issue concerned concerns the general interest, or should be removed for definition and clarification.

Chapter V

Running

Article 93. Title.

1. Public Administrations shall not initiate any material performance of enforcement of decisions which limits the rights of individuals without the prior adoption of the resolution serving as a legal basis.

2. The body which orders a material implementing act shall be obliged to notify the individual concerned of the decision authorising the administrative action.

Article 94. Enforceability.

The acts of Public Administrations subject to Administrative Law shall be immediately executive, except as provided for in Articles 111 and 138, and in cases where a provision establishes the contrary or requires approval or higher authorization.

Article 95. Enforced execution.

The Public Administrations, through their competent bodies in each case, may proceed, after warning, to the enforcement of the administrative acts, except in the cases where the execution of the the law, or when the Constitution or the law requires the intervention of the Courts.

Article 96. Means of enforced execution.

1. Enforcement by public authorities shall be carried out, in compliance with the principle of proportionality, by the following means:

a) Aaward on heritage.

b) Subsidiary execution.

c) Coercive Multa.

d) Compulsion about people.

2. If several of the eligible means of execution are chosen, the least restrictive means of individual freedom shall be chosen.

3. If it is necessary to enter the address of the affected person, the Public Administrations must obtain the consent of the affected person or, failing that, the appropriate judicial authorization.

Article 97. Aaward on heritage.

1. If, by virtue of an administrative act, the liquid quantity is satisfied, the procedure laid down in the regulatory rules of the procedure shall be followed.

2. In any event, a pecuniary obligation which was not established in accordance with a standard of legal status may not be imposed on them.

Article 98. Subsidiary execution.

1. There shall be a subsidiary execution in the case of acts which, because they are not personal, may be carried out by a subject other than the obligor.

2. In this case, the Public Administrations shall carry out the act, by itself or through the persons they determine, at the expense of the obligor.

3. The amount of the costs, damages and damages shall be required in accordance with the provisions of the previous Article.

4. This amount may be settled on a provisional basis and shall be made prior to the execution, subject to final settlement.

Article 99. Periodic penalty payment.

1. When the laws so authorize, and in the form and amount that they determine, the Public Administrations may, for the execution of certain acts, impose periodic penalty payments, repeated for periods of time that are sufficient to comply with the law. the ordered, in the following assumptions:

(a) Customized acts in which the direct compulsion on the person of the obligor does not proceed.

b) Acts in which, by proceeding with compulsion, the Administration does not deem it appropriate.

(c) Acts whose execution may be ordered by another person.

2. The periodic penalty payment is independent of any sanctions that may be imposed on such a character and compatible with them.

Article 100. Compulsion about people.

1. The administrative acts which impose a personal obligation not to make or to bear may be executed by direct compulsion on persons in cases where the Law expressly authorizes it, and within always respect due to its dignity and the rights recognised in the Constitution.

2. If, in the case of a person's obligation to do so, the benefit is not made, the obligation shall be liable for damages, the liquidation and recovery of which shall be carried out on the administrative basis.

Article 101. Prohibition of interdiction.

No interdications shall be admissible against the actions of the administrative bodies carried out in respect of their competence and in accordance with the legally established procedure.

Title VII

From reviewing the acts on the administrative path

Chapter I

Trade review

Article 102. Review of null acts.

1. Public Administrations may, at any time, on their own initiative or at the request of the person concerned, and after obtaining the favourable opinion of the Council of State or the Advisory Body of the Autonomous Community, if any, declare a declaration of invalidity of the acts listed in Article 62.1, which have ended the administrative route or against which no administrative appeal has been lodged in time.

2. The trade review procedure, which is founded on a cause of nullity, shall be instructed and resolved in accordance with the provisions of Title VI of this Law. In any event, the decision to be taken requires prior opinion of the State Council or the Advisory Body of the Autonomous Community if it has, and is not liable for any administrative action, without prejudice to the jurisdiction of the Order. Judicial-Administrative Jurisdictional.

3. The public authorities, in declaring the nullity of an act, may lay down in the same judgment declaring that nullity, the compensation to be granted to the persons concerned, if the circumstances provided for in the Articles 139.2 and 141.1 of this Act.

4. After the deadline to be resolved without a decision, it may be understood that the decision is contrary to the review of the act. The effectiveness of such an alleged resolution shall be governed by the provisions of Article 44 of this Law.

Article 103. Review of nullable acts.

1. May be cancelled by the Administration, on its own initiative or at the request of the person concerned, after obtaining the opinion of the Council of State or the Advisory Body of the Autonomous Community, if any, the declarative acts of rights when the Following circumstances:

a) That such acts seriously infringe rules of legal or regulatory status.

b) That the review procedure be initiated within four years after they were issued.

2. In other cases, the annulment of the declarative acts of rights will require the prior declaration of lesivity for the public interest and the subsequent challenge to the Court of Administrative Litigation.

3. If the act comes from the General Administration of the State, the declaration of lesivity shall be made by ministerial order of the Department responsible for the administrative act, or by agreement of the Council of Ministers; creation so determines, the declaration shall be made by the bodies to which it corresponds to the Entities of Public Law referred to in Article 2.2 of this Law.

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

5. The declaration of lesivity must be adopted within four years after the administrative act of reference has been issued.

6. After the deadline to be resolved without a decision, it may be understood that the decision is contrary to the review of the act. The effectiveness of such an alleged resolution shall be governed by the provisions of Article 44 of this Law.

Article 104. Suspension.

Initiated the procedure for the review of the trade, the competent body to resolve may suspend the execution of the act, when it could cause damages of impossible or difficult repair.

Article 105. Revocation of acts.

1. Public Administrations may revoke at any time their acts, express or presumed, non-declarative of rights and those of taxation, provided that such revocation is not contrary to the legal order.

2. Public Administrations may also rectify, at any time, on their own initiative or at the request of the parties concerned, the material, factual or arithmetical errors in their actions.

Article 106. Limits of the review.

The powers of review may not be exercised when, for the purpose of prescribing actions, for the time elapsed or for other circumstances, their exercise is contrary to fairness, to good faith, to the right of individuals or the laws.

Chapter II

Administrative resources

Section 1. General Principles

Article 107. Object and classes.

1. Decisions which do not put an end to the administrative procedure and acts of procedure which determine the impossibility of continuing a procedure or the failure to make such a decision may be brought by the persons concerned for the ordinary appeal referred to in Article 3 (2) of the Treaty. Section 2. of this chapter.

The opposition to the other acts of proceedings must be alleged by the parties concerned, for their consideration in the decision terminating the proceedings, and for the challenge of such acts in the administrative appeal which, in their case, be brought against it.

2. The laws may replace the ordinary appeal, in certain cases or sectoral areas, and where the specificity of the matter so warrants, by other proceedings or complaints, including conciliation, mediation and arbitration, in the case of collective bodies or specific committees which are not subject to hierarchical instructions, with regard to the principles, guarantees and time limits provided for in this Law by citizens and those concerned in any way administrative.

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 illegality of any 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.

Article 108. Review facility.

Against decisions that end the administrative route, only the extraordinary review shall proceed, where one of the circumstances provided for in Article 118 is present.

Article 109. End of the administrative path.

End the administrative path:

a) The resolutions of ordinary 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 legal or regulatory provision so provides.

Article 110. Resource interposition.

1. The interposition of the resource shall express:

(a) The name and surname of the appellant, as well as the identification of the medium and, where appropriate, the place to be identified for the purpose of notifications.

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

c) Place, date, and personal identification of the appellant.

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

e) The other particularities required by the specific provisions in their case.

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. The interposition of a judicial-administrative appeal against acts ending the administrative route shall require prior communication to the body which issued the contested act.

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 ex officio or at the request of the appellant, where one of the following circumstances is 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 interim suspension agreement may take the precautionary measures necessary to ensure the protection of the public interest and the effectiveness of the contested decision.

4. The contested act shall be deemed to be suspended in its execution if, after 30 days after the request for suspension has entered the body responsible for deciding on the act, the latter has not issued the express decision without necessity. to apply for the certification provided for in Article 44 of this Law.

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.

Article 112. Hearing of the interested parties.

1. Where new facts or documents which are not included in the original file have to be taken into account, the parties concerned shall be shown to make, within a period of not less than 10 days and not more than 15 days, the arguments and the documents and supporting documents that they estimate.

They will not be taken into account in the resolution of the appellant's resources, facts, documents or allegations, when having been able to provide them in the case of allegations has not done so.

2. If there are other interested parties, they will be given, in any event, the transfer of the appeal so that, within the period referred to above, they allege how much they consider it to be.

3. The appeal, the reports and the proposals do not have the character of new documents for the purposes of this article. Neither shall the persons concerned have brought the case before the contested decision has been brought.

Article 113. Resolution.

1. The decision of the appeal shall state in whole or in part the form of order sought by it or shall declare its inadmissibility.

2. Where there is a defect in form, it is not considered appropriate to rule on the substance of the procedure at the time when the vice was committed except as provided for in Article 67.

3. The body which resolves the appeal shall decide on all matters, whether in the form or in substance, whether or not they have been invoked by the parties concerned. In the latter case they will be heard previously.

However, the resolution shall be consistent with the requests made by the appellant, without in any case being able to aggravate its initial situation.

Section 2

Article 114. Object and deadline.

1. The decisions and acts referred to in Article 107.1 may be appealed against to the higher hierarchical body than the one which issued them. For these purposes, the Courts and the bodies for the selection of staff serving the Public Administrations shall be considered as dependent on the Authority which has appointed the President of the Authority.

2. The period for the interposition of the ordinary appeal shall be one month.

After that period without the appeal being brought, the decision shall be final for all purposes, without prejudice, where appropriate, to the provenance of the extraordinary review appeal.

Article 115. Reasons.

1. The ordinary appeal may be based on any of the grounds for invalidity or invalidity provided for in Articles 62 and 63 of this Law.

2. Defects and defects that make the act unnulliable cannot be alleged by the perpetrators.

Article 116. Interposition.

1. The appeal may be brought before the body which issued the act which is challenged or before the body responsible for resolving it.

2. If the appeal has been lodged with the body which issued the contested act, the latter shall refer the action to the competent authority within 10 days, with its report and a full and orderly copy of the file.

3. The holder of the body which issued the contested act shall be directly responsible for compliance with the provisions of the preceding paragraph.

Article 117. Presumed resolution.

After three months from the interposition of the ordinary resource without a resolution, it shall be possible to understand, except in the case referred to in Article 43.3 (b), and shall issue the appropriate route.

Section 3. Review Resource

Article 118. Purpose and deadlines.

1. In the case of acts which deplete the administrative route or against which no administrative appeal has been lodged in time, the extraordinary review appeal may be brought before the non-administrative body which issued them, if any of the the following circumstances:

1. That the dictation was made in error in fact, resulting from the documents themselves incorporated into the file.

2. That documents of essential value for the resolution of the case appear or are provided which, although later, evidence the error of the judgment under appeal.

3. That in the resolution they have essentially influenced documents or testimonies declared false by a firm judicial judgment, prior to or after that resolution.

4. That the judgment was rendered 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 lodged in the case of the first case 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.

Article 119. Deadlines and resolution.

1. The provisions of Article 116 of this Law shall apply in the lodging of the appeal.

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 interposition of the extraordinary review appeal without a resolution, the administrative court shall be deemed to be dismissed.

Title VIII

From previous claims to the exercise of civil and labor actions

Chapter I

General provisions

Article 120. Nature.

1. The administrative complaint is a prerequisite for the exercise of actions based on private or employment law against any public administration, except where such a requirement is excepted by a provision with a range of Law.

2. Such a complaint shall be dealt with and shall be determined by the rules contained in this Title and, in each case, by application, and in the absence thereof, by the general rules of this Law.

Article 121. Effects.

1. If a complaint has been made to the public authorities, the public authority has not been resolved and the time limit for it to be dismissed has not elapsed, the same claim cannot be deducted from the jurisdiction concerned.

2. The time limit for the exercise of judicial proceedings shall be interrupted, which shall be returned from the date on which the express notification of the decision has been made or, where appropriate, from the date of the entry into force of the decision. rejected over the course of the deadline.

Chapter II

Prior to civil court complaint

Article 122. Initiation.

1. The complaint shall be addressed to the competent body of the public administration concerned.

2. In the General Administration of the State, the Minister of the Department shall be considered to have jurisdiction over the subject matter of the complaint. Claims may be filed in any of the places provided for by this Act for the submission of written submissions or applications.

Article 123. Instruction.

1. The body before which the complaint has been lodged shall forward it within five days to the competent body in union with all the records of the case.

2. The competent body to resolve may order the file to be completed with the necessary background, reports, documents and data.

Article 124. Resolution.

1. The person concerned shall be notified of the complaint by the competent Minister or body.

2. If the Administration does not notify its decision within three months, the person concerned may consider his or her complaint to be dismissed for the purpose of making the corresponding legal claim.

Chapter III

Prior to the work court complaint

Article 125. Processing.

1. The complaint shall be addressed to the Chief Administrative Officer or Director of the establishment or Body in which the worker provides his/her services.

2. After one month without having been notified of any decision, the worker may consider the complaint to be dismissed for the purposes of the judicial work action.

Article 126. Complaints from non-civil servants of the Military Administration.

Claims to be made by non-civil servants serving the Military Administration shall be governed by their specific provisions.

Title IX

From sanctioning power

Chapter I

Principles of sanctioning power

Article 127. Principle of legality.

1. The sanctioning authority of the Public Administrations, recognized by the Constitution, will be exercised when it has been expressly attributed by a rule with the 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 powers is for the administrative bodies that have it expressly attributed to it, by provision of legal or regulatory status, without it being able to delegate to a different body.

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

Article 128. Irretroactivity.

1. The sanctioning provisions in force at the time of the occurrence of the administrative infringement shall apply.

2. The sanctioning provisions will produce retroactive effect as soon as they favour the alleged infringer.

Article 129. Principle of typicality.

1. Only violations of the legal order envisaged as such infringements by a law constitute administrative infringements.

Administrative infractions will be classified by the Act in mild, severe and very serious.

2. Only by the commission of administrative offences can sanctions be imposed which, in any case, will be defined by the law.

3. The regulatory development provisions may introduce specifications or graduations to the table of legally established infringements or penalties which, without constituting new infringements or penalties, or alter the nature or limits of the The law provides for the most correct identification of the conduct or the most precise determination of the corresponding sanctions.

4. The rules defining infringements and penalties shall not be subject to an analogue application.

Article 130. Responsibility.

1. Only natural and legal persons who are responsible for such infringement may be punished for acts of administrative infringement, even if they are not merely a non-compliance.

2. The administrative responsibilities arising from the sanctioning procedure shall be compatible with the requirement of the offender to replace the situation altered by him to his original state, as well as to the compensation for damages. and damages caused which may be determined by the competent body, and must, in this case, communicate to the infringer to his satisfaction within the time limit which the effect is determined, and if not done so, he shall issue the judicial route corresponding.

3. Where compliance with the obligations laid down in a legal provision corresponds to a number of persons together, it shall respond in solidarity to the infringements which, where appropriate, are committed and to the penalties imposed.

They shall be liable in the alternative or in solidarity for the failure to comply with the obligations imposed by the Law which entail the duty to prevent the administrative infraction committed by others, the natural and legal persons on the that such duty is to be borne by the regulatory laws of the various sanctioning regimes.

Article 131. Principle of proportionality.

1. Administrative sanctions, whether or not they are of a pecuniary nature, may in no case involve, directly or subsist, deprivation of liberty.

2. The establishment of financial penalties must provide that the commission of the offences established is not more beneficial to the offender than the enforcement of the rules infringed.

3. In the regulatory determination of the sanctioning regime, as well as in the imposition of sanctions by the Public Administrations, due to the seriousness of the fact that the infringement and the sanction applied, due to the seriousness of the matter, must be kept. considering in particular the following criteria for the graduation of the sanction to be applied:

a) The existence of intentionality or reiteration.

b) The nature of the damages caused.

c) The recidivism, by commission within one year of more than one infringement of the same nature when it has been declared by firm resolution.

Article 132. Prescription.

1. Infringements and penalties shall be prescribed in accordance with the laws establishing them. If they do not prescribe time limits, the very serious infringements will be prescribed at three years, the serious ones at two years and the mild ones at six months; the penalties imposed for very serious offences will be prescribed at three years, those imposed by Serious misconduct at two years and those imposed for minor faults a year.

2. The limitation period for infringements shall begin to be counted from the day on which the infringement was committed.

Interrupt the prescription of the initiation, with the knowledge of the person concerned, of the sanctioning procedure, resuming the limitation period if the case of sanctioning is paralyzed more than one month for cause not imputable to the responsible.

3. The limitation period for penalties shall begin to be counted from the day following the day on which the decision imposing the sanction becomes final.

Interrupt the prescription of the initiation, with the knowledge of the interested party, of the execution procedure, returning to elapse the deadline if the one is paralyzed for more than one month for cause not imputable to the infringer.

Article 133. Sanctions concurrency.

Not punishable by criminal or administrative punishment, in cases where the identity of the subject is assessed, made and substantiated.

Chapter II

Principles of the sanctioning procedure

Article 134. Warranty of procedure.

1. The exercise of sanctioning power will require legal or regulatory procedure.

2. The procedures governing the exercise of the power of sanction shall establish the proper separation between the investigating and the sanctioning phase, by entrusting them to different bodies.

3. In no case shall a penalty be imposed without the necessary procedure being dealt with.

Article 135. Rights of the alleged person responsible.

The sanctioning procedures shall ensure that the following rights are held for the alleged person:

To be notified of the facts which are imputed to it, of the infringements which such facts may constitute and of the penalties which, if any, may be imposed on them, as well as the identity of the instructor, of the competent authority to impose the sanction and the rule that confers such competence.

To make allegations and to use the means of defence supported by the Legal Order resulting from them.

The other rights recognized by Article 35 of this Law.

Article 136. Measures of a provisional nature.

When provided for in the rules governing sanctioning procedures, a reasoned agreement may be made on the adoption of measures of a provisional nature which will ensure the effectiveness of the final resolution which could be relapsed.

Article 137. Presumption of innocence.

1. The sanctioning procedures shall respect the presumption of non-existence of administrative responsibility as long as the contrary is not proven.

2. The facts as proven by a firm criminal court decision shall bind the public authorities in respect of the sanctioning procedures which they substantial.

3. The facts established by officials to whom the status of authority is recognised, and which are formalised in a public document in accordance with the relevant legal requirements, shall be of probative value without prejudice to the evidence to be given to them. the respective rights or interests may be indicated or provided by the managed own.

4. A proposal from the alleged responsible person shall be made available on his own initiative or on a proposal as to how many tests are appropriate for the determination of facts and possible responsibilities.

Only those tests that for their relationship with the facts may not be able to alter the final resolution in favor of the presumed person may be declared.

Article 138. Resolution.

1. The resolution terminating the proceedings shall be reasoned and shall resolve all the questions raised in the file.

2. The resolution shall not accept facts other than those determined in the course of the proceedings, irrespective of their different legal assessment.

3. The resolution shall be enforceable when terminating the administrative path.

The resolution shall, where appropriate, take the necessary precautionary measures to ensure that they are not enforceable.

Title X

From the responsibility of the Public Administrations and their authorities and other personnel to their service

Chapter I

Public Administration's wealth responsibility

Article 139. Principles of responsibility.

1. Individuals shall have the right to be compensated by the relevant Public Administrations for any injury suffered in any of their property and rights, except in cases of force majeure, provided that the injury is a consequence of the normal or abnormal operation of public services.

2. In any event, the alleged damage shall be effective, economically and individually evaluable in relation to a person or group of persons.

3. The public authorities shall indemnify individuals for the application of legislative acts of a non-expropriatory nature of rights and that they do not have the legal duty to bear, when they are established in the acts themselves legislative and in the terms specifying those acts.

4. The State's responsibility for the functioning of the Administration of Justice will be governed by the Organic Law of the Judiciary.

Article 140. Concurrent responsibility of the Public Administrations.

When the management of collective formulas for action among various public administrations is responsible for the terms provided for in this Law, the interveners will respond in a manner solidarity.

Article 141. Compensation.

1. Only injuries caused to the particular person resulting from damages shall be indemnified which does not have the legal duty to bear in accordance with the Law.

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 compensation shall be calculated by reference to the day on which the injury actually occurred, without prejudice to the interest on late payment, by 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.

Article 142. Procedures for patrimonial liability.

1. The public authorities ' liability procedures shall be initiated either on their own initiative or on behalf of the persons concerned.

2. The procedures for patrimonial liability will be resolved, by the respective Minister, the Council of Ministers if a law so provides or by the corresponding bodies of the Autonomous Communities or the Entities that make up the Local Administration. Where its rule of creation so determines, the complaint shall be settled by the bodies to which it corresponds to the Public Law Entities referred to in Article 2.2 of this Law.

3. For the purposes of determining liability, a general procedure shall be laid down, including an abbreviated procedure for the cases in which the conditions laid down in Article 143 of the Treaty are met. Law.

4. Annulment on an administrative basis or by the judicial or administrative judicial order of the acts or administrative provisions does not presuppose the right to compensation, but if the contested decision or provision were for reason of its substance or form, the right to claim shall be prescribed for the year after the final judgment has been given, the provisions of paragraph 5 not being applicable.

5. In any event, the right to claim for the year of the event or the act which motivates the compensation or to demonstrate its effect is harmful. In the event of damage, of a physical or mental nature, the term shall begin to be computed from the cure or the determination of the extent of the sequelae.

6. The administrative resolution of the assets liability procedures, whatever the type of relationship, public or private, that derives, ends the administrative route.

7. If there is no express resolution, the claim for compensation may be rejected.

Article 143. Abbreviated procedure.

1. When the general procedure is initiated, where the causal link between the operation of the public service and the injury and the assessment of the damage and the calculation of the amount of the compensation are clear, the competent body may agree on the substantiation of an abbreviated procedure in order to recognise the right to compensation within thirty days.

2. In any case, the competent bodies may agree or propose that the general procedure be followed.

3. If there is no express resolution, the claim for compensation may be rejected.

Article 144. Liability for Private Law.

When the Public Administrations act in private law relations, they will directly respond 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. The liability shall be required in accordance with Articles 142 and 143 as appropriate.

Chapter II

Responsibility of the authorities and staff at the service of the Public Administrations

Article 145. Demand for the responsibility of the authorities and personnel for the service of the Public Administrations.

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

2. The Administration concerned, where it has directly indemnified the injured, may require from its Authorities and other personnel to its service the responsibility of the injured party, in the event of a serious negligence, fault or negligence, instruction in the procedure to be established.

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

3. Likewise, the Administration may instruct the Authorities and other personnel to do so for the damage or damage caused to their property or rights where it has been involved in the case, fault or gross negligence.

In this case, the applicable weighting criteria shall be as set out in point 2.

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 to the competent courts.

Article 146. Civil and criminal liability.

1. The civil and criminal liability of staff in the service of public administrations shall be required in accordance with the provisions of the relevant legislation.

2. The requirement for the criminal liability of staff in the service of the Public Administrations shall not suspend the procedures for recognition of patrimonial liability which are instructed or interrupted by the limitation period for initiating them, except that the determination of the facts in the criminal court order is necessary for the establishment of the patrimonial liability.

Additional disposition first. Government Collegiate Bodies.

The provisions of Chapter II of Title II of this Law shall not apply to the Plenary and, as the case may be, the Committee of Government of the Local Entities, to the Collegiate Organs of the Government of the Nation and to the Organs of Government of the Autonomous Communities.

Additional provision second. Computerization of records.

The incorporation to computer support of the records referred to in Article 38 of this Law, will be effective in the form and deadlines determined by the Government, the Organs of Government of the Autonomous Communities and the Entities which integrate the Local Administration, depending on the degree of development of the technical means at their disposal.

Additional provision third. Adequacy of procedures.

Reglamentarily within six months from the entry into force of this Law, it will take effect the adequacy to the same of the regulatory norms of the various administrative procedures, whatever their range, with specific mention of the estimated or desestimatoria effects that the lack of express resolution produces.

Additional provision fourth. Procedure fees.

The fees generated by the actions of the administrative procedure will be required in accordance with the rules governing them.

Additional provision fifth. Administrative procedures in tax matters.

1. The administrative procedures in the field of taxation and in particular the procedures for the management, liquidation, verification, investigation and collection of the various taxes shall be governed by their specific rules and, in the alternative, by the provisions of this Act.

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

Additional provision sixth. Acts of Social Security and Unemployment.

1. The challenge of the acts of social security and unemployment, in accordance with the terms of Article 2. the articles of the Law of Labour Procedure, adopted by Royal Decree-Law 521/1990 of 27 April 1990, as well as their revision of their trade, shall be governed by the provisions of that Law.

2. The acts of management of social security shall be governed by the provisions of their specific rules.

Additional provision seventh. Administrative procedure sanctioning for violations in the social order and for the extension of settlement minutes of Social Security contributions.

The administrative procedures for the imposition of penalties for violations in the social order and for the extension of settlement minutes of Social Security quotas will be governed by their specific regulations and, subsidiary, by the provisions of this Law.

Additional disposition octave. Disciplinary procedures.

The procedures for exercising the disciplinary authority of the Public Administrations in respect of the staff to their service and those linked to them by a contractual relationship shall be governed by their rules specifies not to apply this Law to them.

Additional provision ninth.

Within the scope of the General Administration of the State, in accordance with the provisions of Article 109.1 (c), the following acts and resolutions are terminated by the administrative route:

(a) Those adopted by the Council of Ministers and their delegated Commissions.

(b) Those adopted by the Ministers in the exercise of the powers conferred on them by the Departments of which they are the holders.

(c) Those adopted by Undersecretaries and Directors-General in the field of personnel.

Additional provision tenth.

Article 37.1 of the Regulatory Law of the Court of Administrative Jurisdiction of 27 December 1956 is worded as follows:

" The litigation-administrative appeal shall be admissible in relation to the provisions and to the acts of the Administration which have brought an end to the administrative route, in accordance with the provisions of the Law of Legal Regime of Public Administrations and the Common Administrative Procedure. '

Additional provision eleventh.

A paragraph (f) is added to Article 57.2 of the Regulatory Law of 27 December 1956 on Administrative-Administrative Jurisdiction:

" (f) Accreditation of having carried out the communication referred to in Article 110.3 of the Law on the Legal Regime of Public Administrations and of the Public Administration of the Law of the Legal Regime of the European Communities, Common Administrative Procedure. "

First transient disposition. Public Law Corporations.

Public Law Corporations representing economic and professional interests will adjust their actions to their specific legislation. As long as this legislation is not completed, the requirements of this Law will apply to them as appropriate.

Second transient disposition. Transitional arrangements for procedures.

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

2. The procedures initiated during the period of adequacy referred to in the third provision shall be governed by the provisions laid down in the preceding legislation, except that before the expiry of that period, the The relevant provisions of this Regulation shall apply, in which case the procedures initiated after their entry into force shall be governed by the said rules.

3. Procedures initiated after the end of the six-month period referred to in the third additional provision shall, in any event, be applicable to the provisions of this Law.

Repeal provision.

1. All rules of equal or lower rank are repealed in that they contradict or oppose the provisions of this Law.

2. The following provisions are expressly repealed:

(a) Of the Law of Legal Regime of the State Administration of 26 July 1957; Articles 22, 3 and 5, Articles 29, 33, 34, 36, 37, 38, 39, 40, 41, 42 and 43.

(b) Of the Law of Administrative Procedure of 17 July 1958: The Preliminary Title, the First, second and fourth Chapters of the First Title, the Second Title, Articles 29 and 30, Article 34, points 2 and 3 thereof, Article 35, the second, third, fourth and fifth titles of Title III, Title IV, Title V, and Title VI, second and third Chapters.

(c) Of the Regulatory Law of 27 December 1956, Articles 52, 53, 54 and 55.

3. The rules, whatever their rank, are expressly declared in force, which regulate the procedures of the Public Administrations in that they do not contradict or oppose the provisions of this Law.

4. The references contained in existing rules to the provisions that are expressly repealed shall be construed as being made to the provisions of this Law that regulate the same matter as those.

Final disposition. Development and entry into force of the Act.

The Council of Ministers is hereby authorised to lay down any detailed rules for the application and development of this Law, and in particular for those relating to the material and temporal effectiveness of the right to be recognised in the Article 35, (f).

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

Therefore,

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

Madrid, November 26, 1992.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ