Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-10565
FELIPE VI King of Spain to all that the present join together and act.
Know: That the Cortes Generales have approved and I come in to sanction the following law: I the legal sphere of rights of citizens against the actions of public authorities is protected through a series of reactive character both instruments, notably the system of administrative appeals or the control carried out by judges and courts , as a preventative, through the administrative procedure, which is the clear expression of that public administration acts with full submission to the law and to the right, as article 103 of the Constitution.
The report prepared by the Commission for the reform of public administration in June 2013 based on the belief that a competitive economy requires efficient, transparent and agile public administrations.
Along these same lines, the national programme of reforms in Spain for 2014 expressly the adoption of new administrative measures as laws to drive to rationalize the performance of the institutions and bodies of the Executive power, improve efficiency in the use of public resources and increase their productivity.
The shortcomings that have traditionally been attributed to Spanish administrations are due to several causes, but the existing system is no stranger to them, since the regulatory framework in which public performance has developed has led to duplication and inefficiencies, with administrative procedures too complex which, on occasions, have created problems of legal uncertainty. To overcome these deficiencies is required a comprehensive and structural reform that allows ordering and clarifying how organized and related to both administrations externally, citizens and businesses, as internally with other administrations and State institutions.
Consistent with this context, proposes a reform of public law articulated in two fundamental axes: relations "ad extra" and "ad intra" of public administrations. So are simultaneously promoted two new laws that will constitute the pillars on which will settle the Spanish administrative law: the law of procedure administrative common of the administrations public, and the law on legal regime of the Public Sector.
This law is the first of these two axes, to establish a complete and systematic regulation of "ad extra" relations between administrations and managed, both in relation to the exercise of the right to independence and in whose virtue enacting administrative acts that directly affect the sphere of legal stakeholders, and as regards the exercise of regulatory powers and legislative initiative. Is thus brought together in a single legislative body the regulation of authorities 'ad extra' relations with citizens as administrative law of reference that must be complemented by provisions in the budget legislation with respect to the actions of public authorities, especially provisions emphasizing the organic law 2/2012, 27 de Abril, budgetary stability and financial sustainability; Law 47/2003, of 26 November, General budget, and the General State budget Act.
II the Constitution includes in its title IV, under the header «of the Government and administration», the characteristics that differentiate the Government of the nation of the Administration, by defining the former as an eminently political body that retains the function of governing, the exercise of the regulatory power and the direction of the Administration and establishing the subordination of this to the address of the one.
In the mentioned constitutional title article 103 establishes the principles that should govern the actions of the public administrations, including that of effectiveness and legality, to impose the full submission of the administrative activity to the law and the right. The realization of these principles is produced in the procedure, consisting of a series of formal channels, which must ensure the appropriate balance between the efficiency of the administrative action and essential to safeguarding the rights of citizens and enterprises, which must be exercised in basic conditions of equality in any part of the territory, regardless of the Administration that their holders are related.
These "ad extra" actions of authorities have expressly in article 105 of the Constitution, which establishes that the law shall regulate the audience of citizens, directly or through organizations and associations recognized by the law, the procedure of administrative provisions that affect them, as well as the procedure through which the administrative acts must occur ensuring, where appropriate, the audience interested.
This should be add to the article 149.1.18. ª of the Spanish Constitution attributed to the State, inter alia, competence for regulating the common administrative procedure, without prejudice to specialities deriving from the organisation of the autonomous communities, as well as the system of responsibility for all public administrations.
In accordance with the constitutional framework described, this law regulates rights and minimum guarantees which correspond to all citizens with respect to the administrative activity, both in its aspect of the exercise of the right to independence and statutory authority and legislative initiative.
In what refers to the administrative procedure, understood as the ordered set of procedures and actions carried out formally, according to the runway legally foreseen, to issue an administrative act or express the will of the Administration, with this new regulation State and regional competences not run out for establishing "ratione materiae" specialties, or to achieve certain ends, as the body competent to resolve , but that its common character is its application to all public administrations and with respect to all its activities. Thus the Constitutional Court has come recognizing it in its case-law, to consider regulating the common administrative procedure by the State does not preclude that autonomous regions dictate procedural rules necessary for the implementation of its substantive law, subject to the rules which, by be the exclusive competence of the State, to integrate the concept of common administrative procedure with basic character.
III there are several relevant legislative history in this matter. The legislator has made to evolve the concept of administrative procedure and adapting the way of action of administrations to the historical context and the social reality of each moment. Aside from the known as Azcarate Act, on October 19, 1889, the first comprehensive regulation of the administrative procedure in our legal system is contained in the law of administrative procedure of 17 July 1958.
The 1978 Constitution shines a new management concept, expressly and fully subject to the law and to the right, as democratic expression of the will of the people, and devoted its instrumental character, to put it to the target service of general interest under the direction of the Government, responding politically by its management. In this sense, the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, it marked a key milestone in the evolution of administrative law in the new constitutional framework. Therefore incorporated significant advances in the relations of the administrations with the managed by improving the operation of those and, above all, through a greater guarantee of the rights of citizens against the power of independence of the Administration, whose closing element is located in the judicial review of its actions by Ministry of article 106 of the basic text.
Law 4/1999 of 13 January, amending the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, reformulated various substantial aspects of the administrative procedure, such as the administrative silence, the system of review of administrative acts or the regime of liability of the administrations, which allowed to increase legal certainty for stakeholders.
The development of information and communication technologies has also been affecting deeply to the shape and content of managing relations with citizens and businesses.
Even though the law 30/1992, of 26 November, was already aware of the impact of new technologies on the administrative relations, it was the law 11/2007, of 22 June, electronic access of citizens to public services, which gave them a letter of legal nature, to establish the right of citizens to interact electronically with public administrations as well as the obligation of these provide the means and necessary systems so that that right could be exercised. However, in the current environment, electronic processing is not yet a special form of management procedures but that should constitute the usual performance of administrations. Because a paperless administration based on a fully electronic operation not only best serves the principles of effectiveness and efficiency, to save costs to citizens and businesses, but it also strengthens guarantees of stakeholders. Indeed, the record of documents and actions in an electronic file facilitates compliance with obligations of transparency, as it allows to offer timely, flexible and up-to-date information to stakeholders.
On the other hand, the regulation of this matter came to suffer from a problem of regulatory dispersion and overlap of different legal regimes do not always consistent among themselves, what shows the successive adoption of standards with emphasis on the matter, which include: law 17/2009, of November 23, on free access to the services and your exercise activities; Law 2/2011, 4 March, sustainable economy; the Law 19/2013, 9 December, transparency, access to public information and good government, or the law 20/1013, 9 December, guarantee of the unity of market.
Given this scenario legislative, it is key to have a new law that systematize all the regulation relating to the administrative procedure, which clarify and integrate the content of the cited law 30/1992, of 26 November and law 11/2007, of 22 June, and deepen in the streamlining of procedures with a full electronic operation. All reverts on better enforcement of the constitutional principles of effectiveness and legal security that should govern the actions of public authorities.
IV during more than twenty years of law 30/1992, of November 26, in the bosom of the European Commission and the Organization for cooperation and economic development it has advanced in the improvement of the normative production (' Better regulation ' and ' Smart regulation '). The various international reports on the subject define smart regulation as a legal framework of quality, allowing an objective regulatory compliance while providing appropriate incentives to boost economic activity, allows you to simplify and reduce administrative burdens. To do this, it is essential an adequate analysis of impact of standards continuously, both ex-ante as ex post, as well as the participation of citizens and enterprises in policy making processes, because on them rests with the enforcement of laws.
In the last decade, law 17/2009 of 23 November, and the law 2/2011, 4 March, they assumed a step forward in the implementation of the principles of good regulation, especially as regards the exercise of economic activities. Already in this legislature, law 20/2013, 9 December, has given important additional steps, making available to citizens the legal relevance of the standard-setting procedure information.
However, it is necessary to count with a new regulation that, ending with the existing normative dispersion, strengthen citizen participation, legal certainty and the revision of the regulation. With these objectives, established for the first time in a law databases pursuant to which has to develop legislative initiatives and regulatory authority of the public administrations in order to ensure their exercise in accordance with the principles of good regulation, ensure appropriate audience and participation of citizens in the development of standards and achieving predictability and public evaluation of the system , as a necessary corollary of the constitutional right to legal security. This novelty becomes especially crucial in a territorially decentralised State in which coexist three levels of territorial administration that projected their regulatory activity on subjective and geographical spaces often coincidental. With this regulation to follow the recommendations contained in this matter has made the Organization for cooperation and economic development (OECD) in its report issued in 2014 «Spain: From Administrative Reform to Continous Improvement».
V the Act is divided into 133 articles, distributed in seven titles, five additional provisions, five transitional provisions, a repealing provision and seven final provisions.
Preliminary title, General provisions, deals with the subjective and objective scope of the law. Among its main innovations, it should be noted, the inclusion in the object of the Act, with basic character of the principles that inform the exercise of legislative initiative and the regulatory power of Governments. Expected implementation of provisions under this law all subjects included in the concept of the Public Sector, although public law corporations are governed by their specific rules in the exercise of public functions which have been allocated to them and additionally by this law.
Also emphasizes the forecast that only by law may be established procedures other than those referred to in this standard, or additional being able to specify by regulation certain specialties of the procedure concerning the identification of the competent organs, deadlines, forms of initiation and completion, publication and reports to gather. This provision does not affect the additional or different procedures already exist in the special laws in force, nor to the realization that, in regulations, occurred from the competent bodies, the terms of the particular procedure by reason of the matter, forms of initiation and termination, the publication of acts or reports to collect, which will keep its effects. Thus, among other cases, it should be noted the entry into force of annex 2 to which refers the additional provision twenty ninth of the law 14/2000, of 29 December, fiscal measures, administrative and social order, which establishes a series of procedures that are excepted from the general rule of positive administrative silence.
Title I, to those interested in the procedure, regulates among other issues, the specialities of the capacity to act in the field of administrative law, making it extended first to affected groups, unions and unincorporated entities and independent or autonomous assets when the law so declare it explicitly. In terms of representation, new media are to prove it in the exclusive public administration field, such as seizure "apud acta", face-to-face or electronic, or the accreditation of its electronic registration of powers of Attorney of public administration or competent body. It also offers the obligation of each public administration of having an electronic register of powers of Attorney, and territorial administrations adhering to the State, in application of the principle of efficiency, recognized in article 7 of the Organic Act 2/2012, April 27, of budgetary stability and financial sustainability.
On the other hand, this title dedicates part of its articles to one of the most important innovations of the law: the separation between identification and electronic signature and the simplification of the media to prove one or the other, so that, in General, it is required only the first and the second shall be required when the will and consent of the person concerned must be accredited. He is set, as a basic rule, a minimum set of categories of means of identification and signature to be used by all administrations. In particular, will be accepted as a signature systems: systems of electronic signature recognised or qualified and advanced based on qualified electronic signature, electronic certificates that include both electronic certificates of legal person and the entity without legal personality; systems of electronic seal recognized or qualified and advanced electronic label based on certificates qualified electronic seal; as well as any other system that public administrations to consider valid, under the terms and conditions established. Be used as either admitted signing systems identification systems, as well as systems of concerted key and any other established public administrations.
Both systems of identification and signature provided for in this law are fully consistent with the provisions in the Regulation (EU) No. 910/2014 of the European Parliament and of the Council of July 23, 2014, on electronic identification and trust services for e-business in the internal market and that Directive 1999/93/EC is repealed. Should be recalled the obligation of States to members of support systems of electronic identification notified to the European Commission by other States members, as well as systems of signature and seal electronic certificates-based electronic qualified issued by service providers listed in the trusted lists of other Member States of the European Union, in the terms providing for such Community legislation.
The title II, of the activity of the public administrations, is divided into two chapters. Chapter I on general rules of Action identifies as a novelty, the subjects bound to interact electronically with public administrations.
Also, the cited chapter provides the duty of all public authorities have a general electronic registration, or, where appropriate, accede to the of the General Administration of the State. These records will be assisted in turn by the current network of offices in the field, who will move to offices for assistance in the field of records, and records that allow stakeholders, when they so wish, submit their applications on paper, which will be converted to electronic format.
Archives is introduced as a new obligation of each public administration keep an unique electronic archive of documents corresponding to completed procedures, as well as the obligation that these records are stored in a format that allows to guarantee the authenticity, integrity and preservation of the document.
In this regard, it should be noted that the creation of this single electronic file will be compatible with the various systems and networks files in the terms provided in the legislation in force, and shall respect the sharing of responsibilities for the custody or transfer corresponding. Also, the single electronic file will be compatible with the continuity of the national historical archives in accordance with the provisions of law 16/1985, of 25 June, the Spanish historical heritage and its implementing regulations.
Likewise, the regime of validity and effectiveness of copies, where it clarifies and simplifies the current regime is regulated in chapter I and defined requirements so that a copy is authentic, the characteristics that must comply with the documents issued by public administrations to be considered valid, as well as stakeholders who should contribute to the procedure establishing the obligation of public administrations do not require documents already provided by stakeholders, developed by public administrations or original documents, subject to the exceptions referred to in the law in General. Therefore, the person concerned may submit General copies of documents, whether they are scanned by the person concerned or presented on paper.
Also stresses the obligation of the public administrations have a record or other equivalent system that allows record officials enabled the realization of authentic copies of form which ensure that they have been issued properly, and that, if so decided to organize it each administration may also jointly recorded officials dedicated to assist those interested in the use of electronic media , there is no impediment to a same official have acknowledged both functions or only one of them.
Chapter II, terms and deadlines, establishes the rules for its computation, enlargement or the emergency processing. As main novelty is the introduction of the computation of time limits for hours and the Declaration of Saturdays as non-working days, thus unifying the computation of time limits in the judiciary and the administrative.
Title III, of the administrative acts, is divided into three chapters and focuses on the regulation of administrative acts, their effectiveness and the rules on invalidity and voidability requirements, keeping the vast majority the General rules already established by law 30/1992, of 26 November.
A special mention deserve the novelties introduced in the field of electronic communications, which will be preferred and will take place in the electronic office or the only enabled email address, as appropriate. Also increases legal certainty for stakeholders by establishing new measures that ensure knowledge of the availability of the notifications as: sending notification alerts, whenever this is possible, to electronic devices and/or the address email the person concerned have been communicated, as well as access to its notifications through the access General electronic of the management point that will function as a gateway.
Title IV provisions on common administrative procedure, is divided into seven chapters and among its main innovations is that previous special procedures on sanctioning and liability that the law 30/1992, of 26 November, regulated in separate titles, has now been integrated as specialties of the common administrative procedure. This approach responds to one of the objectives pursued this law, simplification of administrative procedures and their integration as specialties in the common administrative procedure, thus contributing to increase legal certainty. In accordance with the systematic followed, the General principles of the sanctioning and the liability of public administrations, insofar as they relate to more organic than procedural aspects, are regulated in the law on legal regime of the Public Sector.
This title also incorporates widespread and mandatory use of electronic media to the phases of initiation, planning, instruction and completion of the procedure. Similarly, joins the regulation of the administrative file by setting its electronic format and the documents which must integrate it.
As a novelty in this title, joins a new chapter relating to the simplified procedure of the common administrative procedure, which States its objective scope of application, the deadline for a resolution which will be thirty days and procedures that will consist. If a procedure it is necessary to perform any other additional transactions, you must follow is then the ordinary processing. Also, when in a transacted procedure in a simplified way the issuance of the opinion of the Council of State, or equivalent advisory body was mandatory, and this State a criteria contrary to the bottom of the motion for a resolution, for greater guarantee of stakeholders will be to continue the procedure but following the ordinary procedure, not the abbreviated, and it may be in this case perform other procedures not provided for in the case of the simplified procedure , as tests at the request of the interested parties. All this, without prejudice to the possibility of remember handling urgent procedure in the same terms that already contemplated the law 30/1992, of 26 November.
Title V, of the review of administrative acts, maintains the same way foreseen in law 30/1992, of 26 November, remaining therefore review of nursing and the typology of existing administrative resources to date (height, optional of replenishment and review special). However, it should be noted as a novelty the possibility that when an administration must resolve a plurality of administrative resources who bring causes of a single administrative act and has had filed a court appeal against an administrative decision or against the corresponding dismissing alleged act, administrative organ may agree the suspension period to resolve until justifiably judicial pronouncement.
According to will remove procedures that, far from constituting an advantage for the managed, assumed a burden which made difficult the exercise of rights, law has not already the previous claims in civil and labor, via due to limited practical utility that have demonstrated to date and that, in this way, shall be deleted.
Title VI, on legislative initiatives and regulatory authority of the public administrations, collects the principles that must adjust its exercise the holder administration, making effective constitutional rights in this area.
Along with some improvements in the existing regulation on hierarchy, advertising rules and principles of good regulation, several new features are included to increase the participation of citizens in the process of developing standards, notably, the need to obtain, prior to the development of the standard, the perception of citizens and businesses about the problems that are intended to solve with the initiative , the necessity and opportunity of its approval, the objectives of the rule and possible solutions alternative regulatory and non-regulatory.
On the other hand, in the interests of greater legal certainty, and predictability of the system, is committed to improving the normative planning ex-ante. For this reason, all administrations will disclose an annual regulatory Plan which will include all the proposals with range of law or regulation expected to be high for approval the following year. At the same time, strengthen the evaluation ex post, put that together with the duty to review continuously the adaptation of the legislation to the principles of good regulation, is imposed the obligation to periodically evaluate the application of the rules in force, in order to check if they have fulfilled the objectives pursued and whether the cost and charges arising from them was justified and properly valued.
As regards additional, transitional, repealing and final provisions, it should be refer to the concerning the accession by the autonomous communities and local entities to records and systems established by the General Administration of the State in application of the principle of efficiency recognized in the organic law 2/2012, April 27.
Also highlights the provision on the specialties by reason of the matter which States a series of actions and procedures that shall be governed by its specific and supplementary as provided in this law, which include those of tributes and review application in tax and customs matters, the management, inspection, settlement, fundraising, challenge and review in the field of Social Security and unemployment in it understand where included, among others, acts of recognition and membership of the Social Security and the economic contributions for dismissals involving workers of fifty or more years in companies with profits, as well as the actions and proceedings, tax and customs, social order, traffic and road safety and in the field of immigration.
Finally, the Act contains transitional law provisions applicable to the proceedings underway, to its entry into force, archives and records and to the electronic General access point, as well as which enabled the development of provisions in law.
PRELIMINARY title General provisions article 1. The object of the Act.
1. the present law is to regulate the requirements of validity and effectiveness of the administrative acts, common administrative procedure to all public authorities, including the sanctioning and the claim of responsibility for the public administrations, as well as the principles that has to adjust the exercise of legislative initiative and the regulatory authority.
2. only by means of law, when it proves effective, proportionate and necessary for the achievement of the purposes of the procedure, and reasoned way, may include procedures other than those referred to in this law or additional. Regulations may be established specialties of the procedure relating to the competent bodies, terms of the concrete procedure by reason of the matter, forms of initiation and completion, publication and reports to gather.
Article 2. Subjective scope of application.
1 this Act applies to the public sector, which includes: a) the General Administration of the State.
(b) administrations of the autonomous communities).
(c) the entities that make up the Local Administration.
(d) the institutional public sector.
2 the institutional public sector is made up of: to) any public bodies and entities of public law related or dependent of public administrations.
(b) the private law entities linked or dependent on public administration, which will be subject to the provisions of this law which specifically relate to them, and in any case, when exercising administrative powers.
(c) the public universities, which shall be governed by its regulations specific and additionally by the provisions of this law.
3 have consideration of public administrations, the General Administration of the State, the administrations of the autonomous communities, the entities that make up the Local Administration, as well as public bodies and entities governed by public law referred to in the letter to) of paragraph 2 above.
4. public law corporations are governed by their specific rules in the exercise of public functions which they have been conferred by law or delegated by a public administration, and additionally by the present law.
Title I of those interested in the procedure chapter I the ability to act and the concept of interested party article 3. Capacity to act.
For the purposes provided for in this law, will have capacity to act before the public administrations: to) the natural or legal persons who have capacity to act pursuant to the civil rules.
(b) minors for the exercise and defence of their rights and interests whose action is permitted by applicable law without the assistance of the person who exercises parental authority, guardianship or curatorship. The case of disabled children, is excepted where the extent of the impairment affects the exercise and defence of rights or interests concerned.
(c) when the law so declare it expressly, affected groups, unions and unincorporated entities and independent or autonomous assets.
Article 4. Concept of interested party.
1 are considered to be interested in the administrative procedure: to) those who promote it as holders of rights or legitimate interests, individual or collective.
(b) those who, without initiating the procedure, have rights that may be affected by the decision taken in the same.
(c) those whose legitimate, individual or collective interests may be affected by the resolution and people in the procedure in both has not relapsed final resolution.
2. the associations and organisations representing economic and social interests will be holders of legitimate collective interests in terms that the law recognizes.
3. when the status of interested party stemmed from any transmissible legal relationship, the modules will happen in such a condition either that is the State of the procedure.
Article 5. Representation.
1. those interested with capacity to act may act through representative, meaning with this administrative actions, except for express manifestation against the person concerned.
2 natural persons with capacity to act and legal persons, provided that this is foreseen in the statutes, may act on behalf of others before the public administrations.
3. to formulate requests, be responsible for statements or communications, remedy, desist from actions and give up rights on behalf of another person, the representation must provide proof. For the acts and actions of mere formality that representation shall be presumed.
4. the representation may be established by any valid means by law that provides credible evidence of its existence.
For this purpose, the representations made by apud acta seizure carried out by personal appearance or electronic appearance in the corresponding electronic office, or through the accreditation of its electronic registration of competent public administration empowered means accredited.
5. the body responsible for the procedure to be incorporated into the administrative record proof status of representative and the powers that it has recognized at that time. The electronic document that accredits the result of the desired query to the electronic register of powers of attorney will be the condition of accreditation to these effects.
6. the lack or insufficient accreditation of representation shall not prevent have to carried out the Act in question, provided that you provide that or will remedy the defect within the period of ten days that should be granted to the effect the administrative body, or a longer term than when the circumstances of the case so require.
7. public administrations can enable with a general or specific nature to natural or legal persons authorized for certain electronic transactions on behalf of the interested parties. Such authorization shall specify the conditions and obligations they undertake which thus acquired the status of representatives, and determine the presumption of validity of the representation except that the applicable regulations provide otherwise. Public administrations may require, at any time, the accreditation of such representation. However, always will appear the interested itself in the procedure.
Article 6. Electronic records of powers of attorney.
1. the General Administration of the State, the autonomous communities and local authorities will have a general electronic register of powers of Attorney, in which shall be entered, at least, the granted General apud acta, face-to-face or electronically, by who holds the status of interested party in an administrative procedure in favor of representative, to act on his behalf before the public administrations. The validation carried out of power must also include.
At the State level, this record will be the electronic register of powers of Attorney of the General Administration of the State.
General powers of Attorney records shall not prevent the existence of particular records in each organism where the powers granted to the realization of specific procedures in the same register. Each agency may have its own electronic register of powers of attorney.
2 electronic records General and special powers of Attorney belonging to each and every one of the administrations, shall be fully interoperable among themselves, so as to ensure their interconnection, computer compatibility, as well as the data transmission of requests, writings and communications incorporated in them.
Powers of Attorney General and specific electronic records will enable validly see the representation of those who act before the public administrations on behalf of a third party, using the query to other similar administrative records, the register of property, and the notarial protocols.
Commercial records, property, and the notary protocols will be interoperable with powers of Attorney General and specific electronic records.
3 seats which made in powers of Attorney General and specific electronic records shall contain at least the following information: a) name and surname or the denomination or social reason, national document of identity, tax ID number or equivalent document of the grantor.
(b) name and surname or the denomination or social reason, national document of identity, tax ID number or equivalent document of the legal representative.
(c) the date of registration.
(d) period of time for which the power is granted.
(e) type of power according to the powers granted.
4 the powers that enroll in electronic records General and special powers of attorney shall correspond to one of the following types: to) a general power of Attorney so that the agent can act on behalf of the principal in any administrative action and before any administration.
(b) a power so that the proxy can act on behalf of the principal in any administrative action to an administration or agency specific.
(c) a power so that the agent can act on behalf of the grantor only for carrying out certain procedures specified in power.
For this purpose, by order of the Minister of finance and public administration will be approved, with basic character, powers which can be registered in the register models distinguishing if they allow the performance to all administrations in accordance with the letter to) earlier, the General Administration of the State or local authorities.
Each autonomous community shall adopt models of powers which can be registered in the register when it is confined to proceedings before their respective administration.
5 seizure «apud acta» will be awarded by electronic appearance in the corresponding electronic office making use of electronic signature systems provided for in this law, or by personal appearance at the offices of assistance on records.
6. the powers listed in the register will have a certain validity of up to five years from the date of registration. In any case, at any time before the expiry of that period the grantor may revoke or extend the power. Extensions granted by the principal to the registry will have a certain validity of up to five years from the date of registration.
7. Requests for registration of power, revocation, extension or denunciation of the same may contact any registry, this circumstance must be registered in registration, administration or agency before which have effects power and effect from the date on which registration occurs.
Article 7. Plurality of interested parties.
When a request, writing or communication shall contain several stakeholders, actions that give rise shall be made with the representative or person who have expressly indicated, and, in their absence, with the figure in the foreground.
Article 8. New interested in the procedure.
If during the investigation of a procedure that has had no advertising, warns the existence of people who are holders of rights or direct and legitimate interests which identification result of record and which may be affected by the decision handed down, the procedure will be communicated to such persons.
Chapter II identification and signature of the interested parties in the administrative procedure article 9. Those interested in the procedure identification systems.
1. public administrations are required to verify the identity of the interested parties in the administrative procedure, by checking its name or designation or company name, as appropriate, that contained in the national identity document or equivalent document.
2. stakeholders may identify itself electronically to public administrations through any system that has a prior registration as a user that would ensure their identity. En_particular, will be admitted, the following systems: to) systems based on electronic certificates recognized or qualified electronic signature issued by providers included in the "list of trusted providers of certification services". For these purposes, are understood included among the cited electronic certificates recognized or qualified legal person and entity without juridical personality.
(b) systems based on electronic certificates recognized or qualified electronic stamp issued by providers included in the "list of trusted providers of certification services".
(c) systems of concerted key and any other system that public administrations to consider valid, under the terms and conditions established.
Each public administration may determine if it only supports one of these systems to carry out certain formalities or procedures, while the admission of any of the systems of identification provided for in point (c)) will lead to the admission of all provided for in the letters a) and b) previous to this process or procedure.
3. in any case, the acceptance of some of these systems by the General Administration of the State will serve to prove against all public administrations, unless proven otherwise, the electronic identification of the interested parties in the administrative procedure.
Article 10. Signature systems supported by public administrations.
1. stakeholders able to sign by any means that allows to certify the authenticity of the expression of their will and consent, as well as the integrity and inalterability of the document.
2 where stakeholders chose to interact with public administrations through electronic means, shall be considered valid for the purposes of signature: to) systems of electronic signature recognised or qualified and advanced based on electronic certificates recognized or qualified electronic signature issued by providers included in the "list of trusted providers of certification services". For these purposes, are understood included among the cited electronic certificates recognized or qualified legal person and entity without juridical personality.
(b) systems of electronic seal recognized or qualified and advanced electronic label based on electronic certificates recognized or qualified electronic stamp included in the "list of trusted providers of certification services".
(c) any other system that public administrations to consider valid, under the terms and conditions established.
Each public administration, organization or entity may determine if it supports only some of these systems to carry out certain formalities or procedures in its sphere of competence.
3. When this regulatory legislation expressly provided it, public administrations may allow identification systems referred to in this act as a signature system when they allow to certify the authenticity of the expression of the will and consent of the interested parties.
4. when stakeholders using a signature than those laid down in this article, their identity means already accredited by the very act of signing.
Article 11. Use of means of identification and signature in the administrative procedure.
1. in General, to carry out any action provided for in the administrative procedure, it is sufficient that those interested prior proof of your identity through any of the means of identification referred to in this law.
2 the public administrations only require those interested the mandatory use of signature for: to) make requests.
(b) be responsible for statements or communications.
(d) desist from actions.
(e) give up rights.
Article 12. Assistance in the use of electronic means to those interested.
1. the public administrations shall ensure that stakeholders can relate to management by electronic means, it shall make available the access channels that are needed to as well as systems and applications to be determined in each case.
2. public administrations will assist in the use of electronic means to stakeholders not included in paragraphs 2 and 3 of article 14 that so request it, especially in relation to the identification and electronic signature, submission of applications through the general electronic registration and obtaining genuine copies.
Also, if some of these concerned does not have the necessary electronic media, their identification or electronic signature in the administrative procedure may be validly carried out by a public official through the use of the electronic signature system that is equipped with this. In this case, you need that person who lacks the necessary electronic media is identified before the official and lend your consent for this action, what must be recorded in cases of discrepancy or dispute.
3 General Administration of the State, the autonomous communities and local entities shall maintain updated a register, or other equivalent system, where indicated the officials enabled the identification or firm regulated in this article. These records or systems must be fully interoperable and interconnected with the of remaining public administrations, for the purpose of verifying the validity of the aforementioned qualifications.
On this record or equivalent system, at least, indicated officials serving at the assistance in respect of records offices.
Title II of the activity of administrations public chapter I General rules article 13 action. Rights of persons in their relations with public administrations.
Those pursuant to article 3, have capacity to act before the public administrations, are holders, in its relations with one of the following rights: to) to communicate with the public administrations through an electronic General access of the management point.
(b) to be assisted in the use of electronic media in their relations with public administrations).
(c) to use the official languages in the territory of the autonomous community, as laid down in this law and in the rest of the legal system).
(d) access to public information, archives and records, in accordance with the provisions of law 19/2013, of December 9, transparency and access to public information and good governance and the rest of the legal system.
(e) to be treated with respect and deference by the authorities and employees public, which will facilitate the exercise of their rights and the fulfilment of their obligations.
(f) to require the responsibilities of the public administrations and authorities, where appropriate legally.
(g) to obtain and use of the means of identification and electronic signature referred to in this law.
(h) to the protection of personal data, and in particular the security and confidentiality of the data appearing in files, systems and applications of the public administrations.
(i) any others who recognize the Constitution and the laws.
These rights are understood without prejudice to the recognized in article 53 referred to the interested parties in the administrative procedure.
Article 14. Right and obligation to interact electronically with public administrations.
1. natural persons can choose at all times if they communicate with public administrations for the exercise of their rights and obligations through electronic means or otherwise, unless they are forced to interact with public administrations through electronic means. The medium chosen by the person to communicate with the public administrations may be amended by one at any time.
2 in any case, will be required to relate through electronic means with the public administrations to carry out proceedings in an administrative proceeding, at least the following subjects: to) legal persons.
(b) entities without legal personality.
(c) those who exercise a professional activity requiring compulsory membership, procedures and actions involved with public administrations in practice of this profession. In any case, within this collective notaries and registrars of property shall be included and commercial.
(d) those who represent a person who is obliged to interact electronically with the administration.
(e) employees of public administrations to the formalities and performances carrying with them because of their status as public employees, in the form in which is determined according to the rules for each administration.
3. regulations, administrations may establish the obligation to interact with them through electronic means for certain procedures and for certain groups of individuals that is accredited on the basis of their economic, technical ability, professional dedication, or other reasons that have access and availability of the necessary electronic means.
Article 15. Language of the proceedings.
1. the language of the proceedings handled by the General Administration of the State shall be Spanish. Despite this, stakeholders aimed at the General Administration of the State bodies based in the territory of an autonomous community may also use language which is co-official in it.
In this case, the procedure shall be dealt with in the language chosen by the person concerned. If more various interested parties in the procedure, and there is discrepancy in terms of the language, the procedure will be processed in Spanish, while documents or testimonies that stakeholders may require shall be issued in the language chosen by the same.
2. in proceedings handled by the administrations of the autonomous communities and local entities, the use of the language shall comply with provisions of relevant regional legislation.
3. the investigating public administration must translate into Castilian documents, records or parts thereof which are to take effect outside the territory of the autonomous community and documents addressed to interested parties who expressly request it. If they should be valid in the territory of an autonomous region where that same language other than Castilian is co-official, your translation will not be accurate.
Article 16. Records.
1. each administration shall have a General electronic register, in which shall be the corresponding seat of any document that is filed or is received in any administrative organ, public organization or entity linked or dependent to these. It may also noted therein, the departure of the official documents addressed to other bodies or individuals.
Public organizations linked or dependent on each administration may have its own electronic record fully interoperable and interconnected with the General electronic record of the administration which depends on.
The General electronic record of each administration will act as a portal that will provide access to electronic records of each agency. Both the General electronic record of each administration and electronic records of each agency shall comply with the guarantees and security measures provided for in the legislation on protection of personal data.
Rules for the creation of electronic records will be published in the relevant official journal and its full text must be available for viewing in the electronic office of registry access. In any case, the provisions of creation of electronic records specified organ or unit responsible for its management, as well as the date and time and declared as non-working days.
The up-to-date list of procedures that can be initiated in the same will have electronic access to each record headquarters.
2 seats must be entered while respecting the temporal order of receipt or output documents, and will indicate the date of the day they. Completed the registration process, the documents will be completed without delay to their recipients and the corresponding administrative units from the log that had been received.
3. the electronic record of each administration or agency will ensure consistency, in each seat that is practiced, a number, expressive account of its nature, date and time of your presentation, identification of the person concerned, administrative body, sender, if applicable, and the person or administrative body is sent to you, and, where appropriate, reference to the content of the document that is recorded. Therefore it will automatically issue a receipt consisting of a certified copy of the document in question, including date and time of presentation and the number of registry entry as well as a receipt accrediting other documents which, in his case, accompanying him, to ensure the integrity and non-repudiation of them.
4. the documents concerned directing bodies of public administrations may be presented:
(a) the electronic record of the administration or agency that are addressed, as well as remaining electronic records of any of the subjects to which refers article 2.1.
(b) in post offices, in the form established by law.
(c) in the diplomatic representations or consular offices of Spain abroad.
(d) in assistance in records offices.
(e) in any other established regulations.
Electronic records of all and each one of the administrations, shall be fully interoperable, so as to ensure computer compatibility and interconnection, as well as the data transmission of the registration records and documents that arise in any of the records.
5. the documents submitted in person before the public administrations, should be digitized, as foreseen in article 27 and other applicable regulations by the office's assistance in records that has been submitted for incorporation into the electronic administrative record, returning the originals to the person concerned, without prejudice to those cases that standard to determine the custody by the administration of the documents submitted or is obligatory the presentation of objects or not capable of scanning documents in a specific support.
Regulations, administrations may establish the obligation to present certain documents by electronic for certain procedures and collective means of individuals who, by reason of their economic, technical ability, professional dedication, or other reasons is accredited have access and availability of the necessary electronic means.
6 they may be made effective by transfer to the appropriate public office any amounts which have to meet at the time of submission of documents to the public administrations, without prejudice to the possibility of their manure by other means.
7. public administrations must make public and keep up-to-date a list of offices which assist for the electronic filing of documents.
8 documents and information whose special regime set another presentation form shall not be taken presented in the registry.
Article 17. Document archive.
1. each administration shall maintain an unique electronic archive of electronic documents that correspond to procedures completed, under the terms established in the applicable regulations.
2. the documents shall be kept in a format that allows to guarantee the authenticity, integrity and preservation of the document, as well as your inquiry regardless of the time elapsed since its issue. Make sure in any case the possibility of transferring data to other formats and supports that ensure access from different applications. The Elimination of such documents must be authorised in accordance with the applicable regulations.
3. the media or media in which are stored documents, must have security measures, in accordance with the provisions of the national security scheme, that ensure the integrity, authenticity, confidentiality, quality, protection and conservation of the stored documents. In particular, they will ensure the identification of users and access control as well as compliance with the guarantees provided for in the legislation of data protection.
Article 18. Collaboration of persons.
1 people will collaborate with the Administration in the terms provided in the law which applies in each case, and in the absence of express forecast, will facilitate the Administration reports, inspections and other acts of investigation required for the exercise of its powers, except that disclosure of the information requested by the Administration would infringe upon the honor the privacy of personal and family or pose the communication of confidential data of third parties who have knowledge for the provision of professional services of diagnosis, advice or defence, without prejudice to the provisions of the legislation on money laundering and financing of terrorist activities.
2. those interested in a procedure who know data allowing to identify other stakeholders who have not appeared in it have the duty to provide them to the corresponding administration.
3 when inspections require the entry in the address of the affected or in the remaining areas requiring authorization of the owner, it will be provisions in article 100.
Article 19. Appearance of the persons.
1. the appearance of persons before the public offices, either in person or by electronic means, is only mandatory when so provided in a standard of legal rank.
2 where appropriate the appearance, corresponding citation will expressly state the place, date, time, the available media and the subject of the hearing, as well as the effects of not addressing it.
3. public administrations be handed to the interested party accredited certification of the appearance when it requests it.
Article 20. Responsibility for processing.
1. holders of administrative units and personnel to the service of the public administrations that had the resolution to charge or the firm's matters, will be responsible for direct processing and shall take appropriate measures to remove the obstacles which prevent, hinder or delay the full exercise of the rights of those interested or respect for their legitimate interests having you need to avoid and eliminate any abnormality in the handling of procedures.
2. those interested may apply the requirement of that responsibility to public administration that depend on the staff concerned.
Article 21. Obligation to resolve.
1. the Administration is obliged to express decision and notify it in all procedures anyone who form of initiation.
In cases of prescription, waiver of the right, revocation of the procedure or withdrawal of the application, as well as sudden disappearance of the subject of the procedure, the resolution consist of the Declaration of the circumstance that concur in each case, with indication of the produced facts and applicable standards.
They excepted from the obligation referred to in paragraph first, cases of termination of the procedure by Covenant or Convention, as well as the procedures relating to the exercise of rights subjected only to the duty of responsible declaration or communication to administration.
2. the maximum period in which the express resolution should be notified shall be laid down by the standard regulatory procedure.
This period may not exceed six months unless a rule of legal rank set one more or come so envisaged in the law of the European Union.
3. when the rules governing the procedures do not fix the deadline, this is three months. This term and those provided for in the preceding paragraph will be counted: to) initiated procedures of trade, from the date of the agreement of initiation.
(b) in the initiated at the request of the person concerned, from the date that the application has had input in the electronic register of the administration or competent body for processing.
4. public authorities should publish and keep updated on the web portal, for informational purposes, relations of its competition procedures, with an indication of the maximum terms of duration thereof, as well as the effects that produce the administrative silence.
In any case, public administrations will inform stakeholders of the deadline established for the resolution of procedures and for the notification of acts that stop them, as well as the effects that it can produce the administrative silence. Such mention shall be included in the notification or publication of the self-initiation of agreement, or communication that will head to effect to the person concerned within ten days of the receipt of the initiator application procedure in electronic registration, administration or competent body for processing. In the latter case, the communication will indicate also the date that the request has been received by the competent body.
5 when the number of requests made or affected persons may involve a breach of the maximum period for resolution, the body competent to resolve, a reasoned proposal for the organ instructor, or the hierarchical superior of the competent body to resolve, a proposal, they can enable the personal and material resources to comply with the appropriate office and at term.
6. the staff at the service of the public administrations responsible Affairs Office, as well as holders of the competent administrative bodies to instruct and resolve are directly responsible, within the scope of their responsibilities for the fulfilment of the legal obligation to express decision in time.
The breach of this obligation will result in the requirement of disciplinary responsibility, notwithstanding that any place in accordance with the applicable legislation.
Article 22. Suspension of the maximum term to resolve.
1 the course of legal to solve a procedure and notified within a maximum resolution may suspend in the following cases: to) when should require any applicant for the correction of deficiencies or the provision of documents and other necessary elements of judgment, by the time that mediate between notification of the requirement and their effective enforcement by the recipient , or, in absence thereof, by the the time granted, all of this without prejudice to the provisions of article 68 of this law.
(b) when a prior and mandatory pronouncement of an organ of the European Union, should be obtained by time that mediate between the request, which will be communicated to stakeholders, and notification of the ruling Administration instructor, which should also be communicated.
(c) where there is a procedure that is not completed within the scope of the European Union which directly condition the contents of the resolution in question, since you have proof of their existence, which must be communicated to those interested, until it is resolved, it shall also be notified.
(d) when requested mandatory reports to an authority in the same or different administration, by the time that mediate between the request, who shall inform the interested parties, and the receipt of the report, which must also be communicated to them. This period of suspension shall not exceed in any case three months. If you do not receive the report within the period indicated, continue the procedure.
(e) when be made technical evidence or contradictory or settling analysis proposed by stakeholders during the time required for the incorporation of the results to the file.
(f) when they begin negotiations with a view to the conclusion of a pact or agreement in the terms provided for in article 86 of this law, from the formal declaration in this regard and to the conclusion without effect, in your case, the concerned negotiations, which will reveal through the statement made by the administration or those interested.
g) when obtaining a prior ruling by a judicial body, is indispensable for the resolution of the procedure from the moment in which it is sought, which must be communicated to those interested, until the Administration has the same record, which should also be them connected.
2 legal to solve a procedure and notified within a maximum during the resolution will be suspended in the following cases: to) when a public administration requires a cancel or check an act that understands that it is illegal and that it constitutes the basis for which the first has been to dictate on the scope of their powers, in the case referred to in paragraph 5 of article 39 of this law Since it is the requirement until it meets or, if necessary, resolves the appeal lodged before the courts administrative dispute. It shall be communicated to those interested both the realization of the requirement, as compliance or, where appropriate, resolution of the corresponding administrative appeal.
(b) the body competent to solve decide to perform any additional action provided for in article 87, from the moment that notify stakeholders motivated the start of actions agreement until its completion.
(c) when stakeholders promote the challenge at any time of a procedure, since this may arise until it is decided by the hierarchical superior of the challenged.
Article 23. Extension of maximum period for resolving and reporting.
1. exceptionally, when they have been exhausted the personal media and materials available concerning paragraph 5 of article 21, the body competent to resolve, a proposal, if necessary, organ instructor or the hierarchical superior of the competent body to resolve, you may agree in a reasoned way the extension of the maximum period for resolution and notification, not may exceed this laid down for the procedure.
2. against the deal that resolve concerning the extension of time limits, which should be notified to the interested parties, will not fit any resource.
Article 24. Administrative silence in proceedings initiated at the request of the person concerned.
1. in proceedings initiated at the request of the person concerned, without prejudice to the resolution that the Administration should issue as provided in paragraph 3 of this article, the expiration of the time limit without having reported resolution expresses, legitimizes the person concerned or interested parties to understand it estimated by administrative silence, except in the cases in which a rule with the status of law, or a rule of law of the European Union or of international law applicable in Spain State otherwise. When the procedure is intended access to activities or exercise, the law requiring the dismissing nature of silence shall be based on the concurrence of compelling reasons of general interest.
The silence effect dismissing in the procedures for the exercise of the right of petition, which referred to article 29 of the Constitution, those whose estimate had as consequence that is transferred to the applicant or third parties concerning the public domain or public service authority, involve the exercise of activities that may harm the environment and in the procedures of the liability of public administrations.
The sense of silence will also be dismissing proceedings contesting acts and provisions and the review of trade initiated at the request of the interested parties. However, when the appeal has lodged against the dismissal by administrative silence of an application by the course of the term, unless, means dear come the deadline of resolution, the competent administrative authority not decided and notified express resolution, provided that it refers not to the matters listed in the preceding paragraph of this section.
2. the estimate by administrative silence is for all purposes the finalizer administrative procedure act. The dismissal by administrative silence has single effects allow the filing of the administrative or contentious-administrative appeal resulting from stakeholders.
3 the obligation to express decision referred to in paragraph first of article 21 is subject to the following regime: to) in cases of administrative silence estimation, the decision express subsequent to the production of the Act may be given only be confirmatory of the same.
(b) in cases of dismissal by administrative silence, the express decision subsequent to the expiration of the term shall be taken by the Administration without any linkage to the sense of silence.
4. the administrative acts produced by administrative silence may be to assert both to the Administration and to any physical or legal person, public or private. They produce effects since the expiration of the time limit that should be held and notify express resolution unless the same has been issued, and their existence can be accredited by any means test admitted in law, including the accreditation certificate produced silence. This certificate shall be issued ex officio by the competent body to resolve within fifteen days from the expiry of the deadline to resolve the procedure. Without limiting the foregoing, the person concerned may ask at any time, computing the period specified above from the day following that that request had input in the electronic register of the administration or authority to resolve.
Article 25. Lack of resolution is expressed in procedures initiated ex officio.
1 in proceedings initiated ex officio, the expiration of the maximum deadline unless it has been issued and notified express resolution does not relieve the administration of the fulfilment of the legal obligation of resolve, producing the following effects: a) procedures that recognition may arise or, in your case, the Constitution of rights or other favourable legal situation the interested parties who have appeared can understand dismissed their claims by administrative silence.
(b) in proceedings in which the Administration exercise powers sanction or, in general, of intervention, liable to produce effects adverse or assessment, the expiration occurs. In these cases, the resolution declaring the expiration will order the file of the proceedings, with the effects provided for in article 95.
2. in the cases in which the procedure had stalled for reasons imputable to the person concerned, the computation of the time limit to resolve and to notify the resolution will be interrupted.
Article 26. Issuance of documents by public administrations.
1. it is understood by public administrative documents validly issued by public administration bodies. Public administrations will issue administrative documents in writing, by electronic means, unless their nature required by other more appropriate form of expression and consistency.
2. in order to be considered valid, the administrative electronic documents shall:
(a) contain information of any nature filed on an electronic device according to a particular format identification and differential treatment.
(b) identification data enabling their identification, without prejudice to its possible incorporation into an electronic file available.
(c) incorporate a time reference from the time they were issued.
(d) incorporate the required minimum metadata.
(e) incorporate electronic signatures that apply as laid down in the applicable legislation.
The electronic documents that comply with these requirements, are transferred to a third party by electronic means will be considered valid.
3. do not they will require electronic signature, electronic documents issued by public administrations that are published with informational purposes as well as those that are not part of an administrative file. In any case, it will be necessary to identify the source of these documents.
Article 27. Validity and effectiveness of the copies made by public administrations.
1. each public administration will determine organs that have attributed the issue of authentic copies of public documents private or administrative skills.
Authentic copies of private documents are only administrative purposes. The authentic copies made by a public administration will have validity in other administrations.
For this purpose, the General Administration of the State, the autonomous communities and local entities may be authentic copies through authorized officer or through automated administrative action.
You must be maintained up to date a register, or other equivalent system, where indicated the officials authorized to issue authentic copies that must be fully interoperable and interconnected with the of remaining public administrations, for the purpose of verifying the validity of the above-mentioned rating. This record or equivalent system shall include, at least, officials serving at the assistance in respect of records offices.
2 shall be regarded as authentic copy of a public administrative or private made, what ever your support, by the competent bodies of public administrations in which the identity of the body that has made the copy and content is guaranteed.
The authentic copies have the same validity and efficiency than the original documents.
3 to ensure the identity and content of the electronic copies or paper, and therefore its character of authentic copies, public administrations must conform to provisions of the national interoperability scheme, the national scheme of safety and its technical development standards, as well as to the following rules: to) of an original electronic document or an electronic copy authentic electronic copies with or without change of format, must include the metadata which attest to its status as copy and to be displayed to consult the document.
(b) electronic copies of documents in paper or other non-electronic medium capable of scanning, will require that the document has been scanned and should include the metadata which attest to its status as copy and to be displayed to consult the document.
He is meant by digitization, the technological process that allows you to convert a document in paper or other non-electronic media in an electronic file that contains the encoded, faithful and full picture of the document.
(c) copies on paper of electronic documents will require that the same figure copy status and will contain an electronically-generated code or other verification system, allowing to check the authenticity of the copy through access to the electronic files of the organ or issuing public body.
(d) copies on paper of original documents issued on this support will be provided by a copy on paper of the electronic document that is in the possession of the administration or implementation of manifesto electronics containing certified true copy of the original document.
For these purposes, authorities will make public, through the corresponding electronic office, insurance verification codes or other verification system used.
4. those interested may request, at any time, the issue of authentic copies of administrative public documents which have been validly issued by public administrations. The application shall apply to the body that issued the original document, and must issue, exceptions resulting from the application of the Law 19/2013, December 9, in the period of fifteen days counted from the receipt of the request in electronic registration, administration or competent body.
In addition, public administrations will be required to issue authentic electronic copies of any paper document that interested parties submit and that is going to add to an administrative record.
5 when public administrations issued electronic authentic copies must be expressly indicated in copy paper.
6. the issue of authentic copies of public notary, registration and legal documents, as well as the official journals, is governed by specific legislation.
Article 28. Documents provided by interested parties to the administrative proceedings.
1. stakeholders must provide the administrative procedure the data and documents required by public administrations in accordance with the applicable regulations. Also, stakeholders may provide any other documents they deem appropriate.
2. the interested parties are not obliged to provide documents that have been produced by any administration, with independence that the submission of the abovementioned documents have mandatory or optional character in the procedure in question, provided that the person concerned has expressed its consent to be consulted or obtained such documents. It shall be presumed that consultation or obtaining is authorized by interested parties unless recorded in the procedure your express opposition or special law requires consent.
In the absence of opposition of the person concerned, public administrations must collect documents electronically through their corporate networks or through consultation platforms of intermediation of data or other electronic systems enabled to this effect.
In the case of mandatory reports already made by an administrative body other than that transacts the procedure, these must be sent in within ten days from your request. Compliment this term, it will inform the interested party that can bring this report or wait for your referral by a competent authority.
3. administrations shall not require stakeholders the presentation of original documents, except that, on an exceptional basis, with the applicable regulatory rules otherwise.
Also, public administrations will not require stakeholder data or documents not required by the applicable regulations or which have been provided previously by the person concerned to any administration. For these purposes, the applicant must state at what point and before that administrative body presented the abovementioned documents, and public administrations collect them electronically through their corporate networks or a consultation platforms of intermediation of data or other electronic systems enabled to this effect. It is presumed that this inquiry is authorized by those interested, unless recorded in the procedure your express opposition or special law requires consent, Dante, in both cases, be previously informed of their rights in the field of protection of personal data. Exceptionally, if public administrations could not collect the cited documents, they may ask again the interested party contribution.
4 when on an exceptional basis, and in accordance with the provisions of this law, the Administration requested the person concerned the presentation of an original document and this was on paper, the person concerned must obtain certified true copy, according to the requirements established in article 27, prior to its electronic filing. The resulting electronic copy will reflect expressly this circumstance.
5. exceptionally, when the relevance of the document on the procedure required, or there are doubts arising from the quality of the copy, the administrations may request motivated way comparing the copies provided by the party concerned, which may require the display of the document or the original information.
6 copies that stakeholders can provide the administrative procedure will have efficiency, exclusively within the scope of the activity of the public administrations.
7. stakeholder is responsible for the veracity of the documents submitted.
Chapter II terms and time limits article 29. Mandatory terms and deadlines.
The terms and deadlines in this or other laws oblige authorities and personnel at the service of public authorities competent for the handling of affairs, as well as to those interested in them.
Article 30. Computation of time limits.
1. unless by law or the law of the European Union another computation, specified when the deadlines indicated by hours, means that these are working. All hours of the day that are part of a business day are working.
Deadlines expressed by hours will be counted time in hour and minute minute from the hour and minute in which takes place the notification or publication of the Act concerned and may not be more than twenty-four hours, in which case will be expressed in days.
2. whenever by law or the law of the European Union is not expressed another computation, when deadlines are brought to attention for days, it understands that these are business, excluding from the calculation Saturdays, Sundays and holidays declared.
When deadlines have designated by calendar days by declaring it so a law or by the law of the European Union, shall be recorded this circumstance in notifications.
3. the time limits expressed in days will be counted from the day following that in which takes place the notification or publication of the Act in question, or from the following that in which occurs the estimate or the rejection by administrative silence.
4. If the time limit is fixed in months or years, these will be calculated from the day after that in which takes place the notification or publication of the Act in question, or from the following that in which occurs the estimate or dismissal by administrative silence.
The term will conclude on the same day in which occurred the notification, publication or administrative silence for the month or the year of expiry. If there is no day equivalent to the one that starts the computation in the month of expiration, means that period expires the last day of the month.
5. when the last day of the period is unqualified, means extended to the first working day following.
6. when a day were skilled in the municipality or region in which the person concerned resided, and working at the headquarters of the administrative body, or vice versa, it will be considered unqualified in any case.
7. the General State administration and the administrations of the autonomous communities, subject to the official working calendar, shall lay down, in its respective field, calendar of non-working days for the purpose of computation of time limits. The calendar adopted by the autonomous communities will understand the leasing of local entities corresponding to its territorial scope, which shall apply.
This timetable shall be published before the beginning of each year in the official journal that corresponds, as well as other means of broadcasting to ensure its widespread knowledge that.
8. the Declaration of a day as skilled or unqualified for the purpose of computation of time limits not determines alone the operation of workplaces of the public administrations, the Organization of working time or the regime of day and schedules them.
Article 31. Computation of time limits in the records.
1. each public administration will publish the days and hours that must remain open offices that assist for the electronic filing of documents, guaranteeing the right of interested parties to be assisted in the use of electronic means.
2. the electronic record of each administration or body shall be governed for the purpose of computation of time limits, by the date and time of the electronic office of access, which must be necessary to ensure their integrity and be so accessible and visible security measures.
The operation of the electronic register shall be governed by the following rules: to) will allow the presentation of documents every day of the year 24 hours.
(b) for the purposes of the computation of period specified in working days, and in regards to compliance with deadlines by stakeholders, the presentation in a working day means in the first hour of the first following business day unless a rule expressly permitted the reception in working day.
Documents shall be presented by the order of effective time at which were in the working day. Documents filed in the working day is shall treat as previous, according to the same order, who were the first subsequent working day.
(c) the beginning of the computation of time limits which have to comply with public administrations will be determined by the date and time of presentation in the electronic register of each administration or body. In any case, effective and the date of onset of the computation of time limits must be communicated to who submitted the document.
3 electronic registry of each public administration or agency headquarters, will determine, according to the territory in which the holder of that exercises its competences and the timetable provided for in article 30.7, days that are considered to be non-working for the purposes provided in this article. This will be the only calendar of non-working days shall apply for the purposes of the computation of time limits in electronic records, unless obtained by application to the same provisions of article 30.6.
Article 32. Extension.
1. the Administration, unless provision to the contrary, may be granted ex officio or upon request, an extension of deadlines, not more than half of them, if circumstances demand it and this has no detrimental effect on rights of third parties. The enlargement agreement shall be notified to the interested parties.
2. the extension of time limits for the maximum time allowed shall apply in any case procedures dealt with by diplomatic missions and consular offices, as well as those that progress in the interior, required to complete any pending abroad or in which involved stakeholders resident outside Spain.
3 both the request and the decision on enlargement must occur, in any case, before the expiration of the time limit concerned. In no case may be expanding an already expired term. Agreements concerning extension of time limits or on their refusal will not be open to appeal, without prejudice to the coming against the resolution putting an end to the procedure.
4 when a technical incidence has precluded the regular functioning of the system or application that correspond, and until the problem is corrected, the Administration may determine an extension of deadlines not vanquished, and must publish in the electronic office both the technical impact which occurred and the concrete not expired the deadline extension.
Article 33. Processing of urgency.
1 when advisable due to reasons of public interest, it may agree, ex officio or at the request of the person concerned, applying to the procedure of urgency, which will be reduced to half the deadlines for the ordinary procedure, except for those relating to the submission of applications and resources.
2. won't fit any appeal against the agreement stating the implementation of processing of urgent procedure, without prejudice to the coming against the resolution putting an end to the procedure.
Title III of the administrative acts chapter I requirements of the administrative acts, article 34. Production and content.
1 the administrative acts issued by public administrations, either ex officio or at the request of the person concerned, will be produced by the body competent to conform to the requirements and the procedure laid down.
2. the content of the acts shall be subject to the provisions of the law and will be determined and appropriate for those purposes.
Article 35. Motivation.
1 will be motivated, with concise facts and fundamentals of law reference: to) acts that limit subjective rights or legitimate interests.
(b) acts which resolved review procedures of nursing provisions or administrative acts, administrative appeals and arbitration procedures and those who declare their rejection as inadmissible.
(c) the acts that separate the criterion followed in previous proceedings or the opinion of consultative bodies.
(d) the agreements of suspension of acts, either that is the reason for this, as well as the adoption of interim measures provided for in article 56.
(e) implementing agreements of the processing of urgent, extension of deadlines and implementation of complementary actions.
(f) the acts who reject evidence proposed by stakeholders.
(g) the acts agreed termination procedure the material impossibility of continuing it for reasons which have arisen, as well as those who agree to the withdrawal by the Administration in office initiated proceedings.
(h) proposals for resolution in the disciplinary proceedings, as well as acts that meet sanctioning character or liability procedures.
(i) the acts that are handed down in the exercise of discretionary powers, as well as who should be so under express legal or regulatory provision.
2. the motivation of the acts that put end to the selective procedures and competitive will take place in accordance with what have rules governing the convening, Dante, in any case, be accredited in the procedure the foundations of the resolution adopted.
Article 36. Form.
1. administrative acts occur in writing through electronic means, unless their nature required by other more appropriate form of expression and consistency.
2. in cases in which administrative bodies exercising competence verbally, the written record of the Act, when required, shall be made and signed by the owner of the lower body or official receiving it orally, expressing in the same communication the authority from which it comes. If it were resolutions, the holder of the competition must allow a relationship from which they have dictated orally with expression of its content.
3. When you should be held a series of administrative acts of the same nature, such as appointments, concessions or licenses, may be merged in a single act, agreed by the competent authority, to specified persons or other circumstances that identify the effects of the Act for each interested.
Chapter II efficacy of acts article 37. Singular inevitability.
1 administrative resolutions of particular character may not violate provisions of a general provision, although those come from a body of equal or higher hierarchy that dictated the general layout.
2. the administrative resolutions that violate provisions of a statutory provision, as well as those who commit any of the reasons listed in article 47 are nil.
Article 38. Enforceability.
Acts of public subject to administrative law administrations will be executives pursuant to the provisions of this law.
Article 39. Effects.
1 acts of the subjects public administrations to administrative law shall presume are valid and will produce effects since they handed down, unless otherwise specified therein.
2. the efficacy will be delayed when so required the contents of the Act or is subject to notification, publication or higher approval.
3. exceptionally, effective retroactive to the acts may be granted when they handed down instead of void acts, as well as when they produce effects favourable to the person concerned, provided that in fact necessary assumptions already existed on the date will roll the effectiveness of the Act and this does not injure rights or legitimate interests of other persons.
4. the rules and acts by bodies of public authorities in the exercise of its competence must be observed by the rest of the administrative bodies, although not hierarchically dependent on each other or belong to another administration.
5. when a Government has to dictate, in the scope of their powers, an act which necessarily has the base one dictated by different public administration and that understand that it is illegal, you may require this previously so cancel or review the Act in accordance with the provisions of article 44 of law 29/1998, of 13 July regulator of the contentious jurisdiction - administrative, and reject the request, contentious-administrative appeal may be brought. In these cases, will be suspended the procedure for decision.
Article 40. Notification.
1. the body that rendered decisions and administrative acts shall notify stakeholders whose rights and interests are affected by those, on the terms laid down in the following articles.
(2) a notice shall be given within a period of ten days from the date on which the Act has been given, and shall contain the full text of the resolution, with an indication of whether puts end or not to the administrative procedure, the expression of the resources that they are, in their case, judicial and administrative, organ before that had been submitted and the term for such remedies , notwithstanding that stakeholders can exercise, where appropriate, any other they consider coming.
3. notifications that omitiesen any of the other requirements laid down in the preceding paragraph, containing the full text of the Act, shall have effect from the date on which the person concerned perform actions involving knowledge of the content and scope of the resolution or act subject to notification, or interpose any resource that appropriate.
4. without prejudice to the provisions of the preceding paragraph, and for the sole purpose of understanding fulfilled the obligation to notify within the maximum period of duration of the procedures, will be sufficient notification that contains, at least, the full text of the resolution, as well as the duly accredited notification attempt.
5. public authorities may take measures deemed necessary for the protection of personal data contained in the resolutions and administrative acts, are by recipients more than one interested party.
Article 41. General conditions for the practice of notifications.
1. notifications practice preferably by electronic means and, in any case, where the person concerned is obliged to receive them in this way.
Still the above, administrations can practise notifications electronically in the following cases: to) when notification is made on the occasion of the appearance of spontaneous of the interested party or his representative offices for assistance in matters of registration and request communication or personal service at this time.
(b) to ensure the effectiveness of the administrative action, it is necessary to practice notification for direct delivery of a public employee of the notifying administration.
Regardless of the medium used, notifications shall be valid provided that they allow to have proof of sending or making available of the reception or access by the person concerned or his representative, of your dates and times, the entire contents, and the accurate identity of the sender and recipient in the same. The accreditation of the effected notification will be incorporated into the record.
Interested parties who are not obliged to receive electronic notifications, can decide and communicate at any time to public administration, using standardized models that they are established to the effect that successive notifications to practised or no longer electronically.
Regulations, administrations may establish an obligation to practice electronically notifications for certain procedures and for certain groups of individuals that is accredited on the basis of their economic, technical ability, professional dedication, or other reasons that have access and availability of the necessary electronic means.
In addition, the interested party can identify an electronic device or an email address that will be used for the sending of the notices covered in this article, but not for the practice of notifications.
2 in no case shall be made by electronic means the following notifications: to) those in which the Act to notify is accompanied by elements that are not susceptible to conversion into electronic format.
(b) those containing payment in favour of the obligors, such as cheques.
3. in proceedings initiated at the request of the person concerned, the notification shall be by the means designated for this purpose at that. This notification will be e in cases where there is a duty to relate in this way with the administration.
When not possible to carry out the notification in accordance with the designated in the application, it shall be in any place suitable for this purpose, and by any means that allows evidence of the receipt by the person concerned or his representative, as well as the date, identity and the content of the notified Act.
4. in procedures initiated ex officio, for the sole purpose of their initiation, public administrations may collect, by consulting the databases of the National Institute of statistics, data on the domicile of the gathered interested in the Municipal register, referred by local authorities in application of the provisions in the law 7/1985, of 2 April regulating the Bases of the Local regime.
5. when the person concerned or his representative rejected the notification of an administrative action, shall be recorded in the record, specifying the circumstances of the attempt of notification and the Middle, giving to carried out the procedure and following the procedure.
6 regardless of which notification is made on paper or by electronic means, public administrations sent a notice to the electronic device and/or the e-mail address of the person concerned that it has communicated, informing him of the making available of a notification in electronic administration or corresponding agency headquarters or the only enabled email address. The lack of practice of this notice will not prevent that the notification should be considered fully valid.
7 when the person concerned was notified through different channels, will be taken as the date of notification of that which had occurred in the first place.
Article 42. Practice of paper notifications.
1. all notifications that practice in paper should be put by the interested party based electronic administration or acting Agency so you can access the contents of them voluntarily.
2. when notification is practiced in the domicile of the interested party, of not being present this at the time of delivering the notification, may be responsible for the same anyone over fourteen years which is in the home and gives their identity. If anyone is responsible for the notification, shall contain this circumstance in the dossier, together with the day and time that was attempted notification, I try to which repeats only once and in a different time within three days. When the first attempt of notification has been made before 15: 00, the second attempt must be after fifteen hours and vice-versa, leaving in any case at least one margin of three-hour difference between both notification attempts. If the second attempt also proves to be unsuccessful, will proceed in the manner provided in article 44.
3. when the person concerned agreed to the content of the notification in electronic office, will be offered the possibility of that the rest of notifications to be made by electronic means.
Article 43. Practice of notifications by electronic means.
1. notifications by electronic means will practice through hearing in the electronic office of administration or acting Agency, through the unique enabled e-mail address or both systems, according to available each administration or body.
For the purposes set forth in this article, it means hearing in the electronic office, access by the person concerned or his representative duly identified the contents of the notification.
2. notifications by electronic means shall be practiced at the time that there is access to its content.
When the notification by electronic means is compulsory, or has been expressly chosen by the person concerned, it means rejected after ten calendar days from the making available of the notification unless you access its contents.
3 shall be fulfilled the obligation to which refers article 40.4 implementation available to notification in electronic administration or acting agency headquarters or the only enabled email address.
4. those interested have access to notifications from the point of electronic General access of the Administration, which will operate as an access portal.
Article 44. Unsuccessful notification.
When interested in a procedure are unknown, is ignore the place of notification either, tried this, not you would have been able to practice, the notification shall be by means of a notice published in the «Official Gazette».
In addition, previously and on an optional basis, administrations may publish a notice in the Official Gazette of the autonomous community, or province, in the edict Board of the Town Hall from the last place of residence of the person concerned or the Embassy or Consulate section Consular of the corresponding.
Public administrations may establish other complementary forms of notification through the remaining media, which does not exclude the obligation to publish the corresponding announcement in the «Official Gazette».
Article 45. Publication.
1 the administrative acts will be published when thus established it the rules governing each procedure or when advisable due to reasons of public interest, appreciated by the competent body.
In any case, administrative acts shall be published, is the effect of the notice, in the following cases: to) when the Act has the recipient to an indeterminate group of people or the Administration considers that the notification to a single person concerned is insufficient to ensure notification to all, being in the latter case, in addition to the individually made.
(b) in the case of acts part of a selective procedure or competitive concurrence of any type. In this case, the call of the procedure shall indicate the means which shall be carried out successive publications, lacking validity which are carried out in different places.
2. the publication of an act must contain the same elements that article 40.2 demands with regard to notifications. Set out in paragraph 3 of the same article shall also apply to the publication.
In the case of publications of acts that contain common elements, aspects coincide, specifying only the individual aspects of each act may publish jointly.
3. the publication of the acts will take place in the official journal which corresponds, according to whatever the Administration that appropriate Act to notify.
4. without prejudice to the provisions of article 44, the publication of acts and communications which, by legal or regulatory provision must practice on bulletin board announcements or edicts, means fulfilled by publication in the relevant official journal.
Article 46. Indication of notifications and publications.
If the competent body appreciated service by ads or the publication of an act harms rights or legitimate interests, is limited to publish in the Gazette that corresponds a brief indication of the contents of the Act and of the place where interested parties may appear, in the term established, for knowledge of the full contents of the mentioned Act and proof of such knowledge.
Additional and optional way, administrations may establish other complementary forms of notification through the remaining media which does not exclude the obligation to publish in the relevant official journal.
Chapter III invalidity and voidability article 47. Nullity of void.
1 acts of the public administration are null void in the following cases: to) that injury rights and susceptible of constitutional freedoms.
(b) the dictates by manifestly incompetent body by reason of the matter or of the territory.
(c) those who have an impossible.
(d) those who are criminal offences constituting or handed down as a result of this.
(e) the dictates ignoring totally and absolutely legally established procedure or the rules containing the basic rules for the formation of the will of the colleges.
(f) acts express or presumed contrary to the legal system that are acquired powers or rights when it lacks the essential requirements for its acquisition.
(g) any other established expressly in an arrangement with the status of law.
2. also will be void full administrative provisions that violate the Constitution, law or other administrative provisions of higher rank, governing matters reserved for the law, and which established the retroactivity of criminal provisions not favourable or restrictive of individual rights.
Article 48. Voidability.
1. acts of the Administration who commit any violation of the law, including the misuse of power are voidable.
2. However, the defect of form only determined the voidability when the Act lacks the formal prerequisites for achieving your goal or give rise to the helplessness of those concerned.
3. the realization of administrative proceedings out of time established for them only imply the voidability of the Act when thus dictates it the nature of the term or term.
Article 49. Limits to the extension of the nullity or voidability of acts.
1. the nullity or voidability of an Act does not imply that of the successive in the procedure which must be independent of the first.
2. the nullity or voidability in part of the administrative act does not imply that of parts of the same independent, unless the flawed part is of such importance that without it the administrative act does not have been issued.
Article 50. Conversion of flawed actions.
Void or voidable acts which, however, contain a different constituent elements will produce the effects of this.
Article 51. Conservation acts and formalities.
Organ that declared null and void or nullify the proceedings will always have conservation acts and procedures whose content had remained as not having committed the infringement.
Article 52. Validation.
1. the Administration may validate the voidable acts, correcting vices that suffer.
2. the Act of recognition shall take effect from their date, except as provided in article 39.3 for the retroactivity of administrative acts.
3 if Vice consisted in not determining incompetence of invalidity, recognition will be made via the competent body when it exceeds hierarchical of which issued the stale Act.
4. If the Vice would consist in the lack of any authorization, can be validated through the granting of the same Act by a competent authority.
Title IV provisions on common administrative procedure chapter I procedure article 53 guarantee. Rights of the interested party in the administrative procedure.
1. in addition to the other rights provided for in this Act, those interested in an administrative procedure, have the following rights:
(a) to know, at any time, the State of the processing of the procedures that have the status of interested parties; the sense of administrative silence corresponding, where management does not dictate or notify express resolution in time; the competent authority for his statement, in your case, and resolution; and the acts of procedure dictated. In addition, they will also have right to access and obtain copies of the documents contained in the above-mentioned procedures.
People who relate to public administrations through electronic means, shall have the right to consult the information referred to in the preceding paragraph, at the point of electronic General access of the administration which will act as a gateway. Shall be fulfilled the obligation of the Administration to provide copies of the documents in the proceedings by making available to them in the competent administration electronic General access point or electronic offices that correspond.
(b) to identify the authorities and the staff of public administrations dealing with procedures under whose responsibility).
(c) to not submit original documents unless, exceptionally, applicable regulatory otherwise. Where, exceptionally, they must present an original document, have the right to obtain a certified copy of this.
(d) to not submit data and documents not required by the rules applicable to the procedure in question, which are held by public administrations or that have been produced by these.
(e) to formulate claims, use means of Defense admitted by the legal system, and to provide documents in any stage of the proceedings prior to the procedure of hearing, which must be taken into account by the competent authority when drafting the motion for a resolution.
f) to obtain information and guidance on legal or technical requirements that regulations impose on the projects, performances, or requests that they intend to make.
g) to act assisted Advisor when they deem it suitable to defend their interests.
h) to meet payment obligations through electronic means provided for in article 98.2.
(i) any others who recognize the Constitution and the laws.
2 in addition to the rights provided in the preceding paragraph, in the case of administrative procedures of sanctioning nature, the suspects will have the following rights: to) to be notified of the facts which he is charged, offences such acts may constitute and sanctions which, in his case, could impose, as well as the identity of the instructor which attribute such competition and the authority to impose the sanction.
(b) to the presumption of no existence of administrative responsibility while not evidence to the contrary.
Chapter II initiation of the procedure section 1 General provisions article 54. Scuba lessons.
Procedures may be initiated ex officio or at the request of the person concerned.
Article 55. Information and previous actions.
1. with prior to the commencement of the procedure, the competent body be able to open a period of information or previous actions in order to know the circumstances of the particular case and whether or not to initiate the procedure.
2. in the case of procedures of sanctioning nature the previous actions will guide to determine, as accurately as possible, the facts likely to encourage the initiation of the procedure, the identification of the person or persons who could be responsible and relevant circumstances which occur in one and the other.
The previous actions will be carried out by the bodies that have assigned functions of research, investigation and inspection on the subject and, in the absence thereof, by the person or administrative body to be determined by the competent body for the initiation or resolution of the procedure.
Article 56. Provisional measures.
1 started the procedure, the competent administrative authority to resolve, may adopt, ex officio or at the request of part and reasoned way, interim measures it deems appropriate to ensure the effectiveness of the resolution that might be, if there were evidence enough to do so, in accordance with the principles of proportionality, effectiveness and less onerous.
2. before of the initiation of the administrative procedure, the body competent to initiate or instruct the procedure, ex officio or upon request, in cases of urgency that cannot be postponed and for the provisional protection of the interests involved, may take provisional measures that are necessary and proportionate motivated way. Provisional measures should be confirmed, modified, or raised on the agreement of the initiation of the procedure, which must be made within fifteen days of its adoption, which may be the resource that appropriate.
In any case, such measures shall be without effect if does not start the procedure within that period or when the initiation agreement does not contain an express ruling on the same.
3 in accordance with the provisions of the two preceding paragraphs, may agree following interim measures, in the terms provided by law 1/2000, of 7 January, Civil procedure: to) Temporary Suspension of activities.
(b) provision of surety.
(c) removal or intervention of productive assets or temporary suspension of services for reasons of health, hygiene or safety, the temporary closure of the establishment for these or other reasons provided for in the applicable regulations.
(d) preventive seizure of goods, rents and Computable fungible things in cash by application of certain prices.
(e) the deposit, retention or immobilization of furniture thing.
(f) the intervention and deposit of revenues through an activity that is considered illegal and whose ban or cessation is intended to.
(g) provision or creation of deposit of amounts that are claimed.
(h) the retention of payments on account that payable by the public administrations.
(i) other measures which, for the protection of the rights of those concerned, provide expressly for the laws, or as may be necessary to ensure the effectiveness of the resolution.
4. no provisional measures which may cause prejudice to difficult or impossible to repair those interested or that involve violation of rights protected by law may be taken.
5. provisional measures may be raised or modified during the procedure, of its own motion or at the request of a party, under circumstances which have arisen or which could not be taken into account at the time of its adoption.
In any case, shall cease when provided under the administrative decision which put an end to the corresponding procedure.
Article 57. Accumulation.
The administrative organ that initiate or process one procedure, which has been the form of their initiation, available, ex officio or upon request, their accumulation to others to save substantial identity or intimate connection, wherever the same organ who must deal with and resolve the procedure.
Shall be recourse against accumulation agreement.
Section 2 initiation of the procedure ex officio by the Administration article 58. Initiation of trade.
Procedures will begin appointed by agreement of the competent authority, either on its own initiative or as a result of higher order, at the reasoned request of other organs or by complaint.
Article 59. Home of the own-initiative procedure.
He is understood by its own initiative, the action arising from the direct or indirect knowledge of the circumstances, conduct or made subject to the procedure by the organ that has assigned the competence of initiation.
Article 60. Initiation of the procedure as a result of higher order.
1 it means higher-order, issued by a hierarchical superior administrative body of the responsible for the initiation of the procedure.
2 procedures of sanctioning nature, order be expressed, to the extent possible, the person or persons allegedly responsible for; conduct or facts that could constitute administrative infringement and its standardization; as well as the place, date, dates, or time period continued when the incident occurred.
Article 61. Commencement of proceedings at the reasoned request of other organs.
1 means reasoned request, the proposal for initiation of the procedure by any administrative body which has no competence to initiate the same and had knowledge of the circumstances, conduct or facts object of the procedure, well occasionally either attributed functions of inspection, investigation or research.
2. the request not linking the competent authority to initiate the procedure, although it shall inform the body that had made it the reasons why, if, not initiation proceeds.
3. in the procedures for sanctioning nature, requests shall specify, to the extent possible, the person or persons allegedly responsible for; conduct or facts that could constitute administrative infringement and its standardization; as well as the place, date, dates, or time period continued when the incident occurred.
4 liability procedures, the request must identify the lesion produced in a person or group of persons, their causal relationship with the functioning of the public service, its economic evaluation if possible, and the moment in which the injury actually occurred.
Article 62. Home of the complaint process.
1. it is understood by complaint, the Act whereby any person, in compliance with or not a legal obligation, informs an administrative body the existence of a specific fact which would justify the self-initiation of an administrative procedure.
2. complaints shall express the identity of the person or persons presenting them and the account of the facts that are put to the attention of the administration. When such facts could constitute an administrative infringement, will pick up the date of their Commission, and, where possible, the identification of the alleged perpetrators.
3 when denunciation invoking a prejudice in the heritage of public administrations not initiating the procedure shall be reasoned and shall be notified to the complainants the decision of if it has been started or not the procedure.
4. when the complainant has been involved in the Commission of an offence of this nature and there are other offenders, the competent body to resolve the procedure you must exempt the complainant from the fine that would be you or another type of sanction of a non-pecuniary nature, when it is the first to contribute proof elements that allow to start the procedure or check the infringement always and when at the time of providing those without sufficient to order the same and repaired the damage caused.
In addition, the body competent to solve should reduce the amount of the fine which would correspond to you or, in your case, the sanction of a non-pecuniary nature, when is not meeting any of the above conditions, the complainant provided test elements that can provide significant added value with respect to those that are available.
In both cases it will be necessary that the complainant ceases in the participation of the violation and has not destroyed elements of proof related to the complaint.
5. the filing of a complaint does not confer, on its own, the status of interested in the procedure.
Article 63. Specialties at the start of the procedures of a sanctioning nature.
1 procedures sanctioning nature will always begin appointed by agreement of the competent authority and shall establish the due separation between instructor and the sanctioning power, which is entrusted to different organs.
He is considered to be a body competent to initiate proceedings when so determined by the rules governing the same.
2. in no case a penalty may be imposed unless it has processed the appropriate procedure.
3. not may start new disciplinary proceedings for acts or conduct typified as offences whose Commission the offender persists continuously, while has not relapsed a first sanction resolution, with Executive character.
Article 64. Agreement initiation procedures of sanctioning nature.
1. the agreement of initiation will contact the instructor of the procedure, transfer of actions exist in this regard, and will be notified to the interested parties, meaning in any case to the accused.
In addition, the initiation will be communicated to the complainant when the rules governing the procedure so provide.
2 initiation agreement shall contain at least: a) identification of the person or persons allegedly responsible.
(b) the facts that motivate the initiation of the procedure, its possible qualification and the penalties which may be applicable, without prejudice to the lessor of the instruction.
(c) identification of instructor and, if necessary, Secretary of the procedure, with express indication of the disqualification of the same regime.
(d) competent authority for the resolution of the procedure and standard that attributed you such competition, indicating the possibility that the suspect may voluntarily recognize their responsibility, with the effects provided for in article 85.
(e) provisional measures which is agreed by the competent authority to initiate the sanctioning procedure, without prejudice to that can be taken during the same in accordance with article 56.
(f) indication of the right to make declarations alegaciones and the audience in the procedure and deadlines for their exercise, as well as an indication that, in case not to make allegations in due time about the content of the agreement of initiation, this may be considered proposed resolution where it contains a precise statement about the imputed liability.
3. exceptionally, there be sufficient for the initial qualification of the facts giving rise to the initiation of the procedure at the time of issuing the agreement of initiation, the abovementioned qualification may be made at a later stage through the development of a statement of objections, which must be notified to the interested parties.
Article 65. Specialties at the start of trade of patrimonial responsibility procedures.
1. when public administrations decide to initiate ex officio a liability it is necessary that you have not prescribed the right to the claim of the person concerned referred to in article 67.
2. the agreement of the initiation of the procedure shall be notified to the allegedly injured individuals, granting them within ten days so that they contribute many allegations, documents or information deem appropriate to their right and propose how many tests are relevant to the recognition of the same. The started procedure will instruct although allegedly injured individuals not people within the established deadline.
Section 3 commencement of the procedure at the request of the interested party article 66. Initiation requests.
1 requests submitted shall contain: a) name and surname of the person concerned and, where appropriate, of the person representing him.
(b) identification of the electronic medium, or failing, physical location at which you want the notification is practiced. In addition, stakeholders can provide your address e-mail or electronic device so that authorities warn them of sending or making available of the notification.
(c) facts, reasons and request that concrete, clearly, the request.
(d) place and date.
(e) signature of applicant or accreditation of the authenticity of the will expressed by any means.
(f) body, Center or administrative unit to which it is addressed and its corresponding ID code.
Assistance in records offices will be required to facilitate stakeholder identification code if do not know you the person concerned. Also, public administrations must maintain and update a list with the identification codes in force in the relevant electronic seat.
2. when corresponding to a plurality of people claims have a content and identical or substantially similar rationale, may be formulated in a single application, unless the rules governing specific procedures otherwise.
3. of applications, communications and writings that interested parties submit electronically or in the offices of records management assistance, may these require the receipt showing the date and time of presentation.
4. public authorities should establish models and massive presentation systems allowing stakeholders to submit multiple requests simultaneously. These models, voluntary use, will be available to those interested in the corresponding electronic headquarters and at the offices of assistance in the field of records in public administrations.
Applicants may join what choosing to clarify or complete data model, which must be supported and taken into account by the organ to which are directed.
5 standardized application systems may include automatic checks of the information provided with respect to data stored in systems own or belonging to other administrations or deliver the completed form, in whole or in part, so that the interested check information and, where appropriate, modify it and complete.
6. when the Administration in a concrete procedure expressly provided specific types of applications, these are of mandatory use by stakeholders.
Article 67. Requests for initiation in liability proceedings.
1. those interested may only request the commencement of a procedure of patrimonial responsibility, when he prescribed not their right to claim. The right to claim is barred to the year of the fact or act which encourages compensation or aroused its injurious effect. In case of damage of a physical or psychological nature to people, the term will begin to compute from the cure or the determination of the scope of the aftermath.
In cases that proceed to recognize right to indemnity by cancellation in administrative or contentious way of an act or provision of a general nature, the right to claim barred a year have been notified by the administrative decision or the final decision.
In cases of liability referred to in article 32, paragraphs 4 and 5, of the law on legal regime of the Public Sector, the right to claim is barred to the year of publication in the «Official Gazette» or the «official journal of the European Union", as appropriate, of the judgment declaring the unconstitutionality of the standard or its character contrary to the law of the European Union.
2 in addition to the provisions of article 66, the request that stakeholders should be specified produced lesions, the alleged causal relationship between the latter and the functioning of the public service, the economic evaluation of the liability, if possible, and when the injury actually occurred, and will be accompanied by many allegations , documents and information may be appropriate and the proposition of test, specifying media that seeks to use the claimant.
Article 68. Correction and improvement of the application.
1. If the request for initiation do not qualify that designates article 66, and, where appropriate, which designates article 67 or others required by the specific legislation in force, it will require the applicant so that, within a period of ten days, remedy the lack or attach the documents required, with an indication of that, if you did not shall you be withdrawn your request, previous resolution that should be dictated in the terms laid down in article 21.
2. whenever it is not competitive or selective procedures, this term may be extended prudently, up to five days, at the request of the person concerned or on the initiative of the body, when the provision of the required documents present special difficulties.
3. in proceedings initiated at the request of the interested parties, the competent body may request applicant's voluntary terms of that modification or improvement. It shall be concise minutes, which will be incorporated into the procedure.
4. If any of the subjects to which refers article 14.2 and 14.3 your application in person, public administrations will require interested parties so that he rectified it through its electronic filing. For this purpose, it will be considered as date of filing of the application that that rectify has been performed.
Article 69. Responsible for Declaration and communication.
1. for the purposes of this Act, the document signed by a person in which this manifests, under its responsibility, to comply with the requirements established in the regulations to obtain the recognition of a right or faculty or for its exercise, which provides the documentation that accredits him as well, to put it at the disposal of the Administration when required to do responsible statement means , and which undertakes to maintain compliance with the above obligations during the period of time inherent in the recognition or exercise.
Requirements referred to in the preceding paragraph shall be collected-expressly, clearly and accurately in the responsible Declaration. Administrations may require at any time the documentation certifying the compliance with the above requirements are contribution and the person concerned must provide it.
2. for the purposes of this law, communication means that document through which stakeholders put in knowledge of the competent public administration its identifying data or any other relevant data for the start of an activity or the exercise of a right.
3. responsible for statements and communications will allow, the recognition or exercise of a right or the engagement in an activity, from the day of its presentation, without prejudice to the powers of verification, control and inspection that have attributed public administrations.
Notwithstanding the provisions of the preceding paragraph, the communication may be made within a period at the beginning of the activity when the relevant legislation provide for it expressly.
4. the inaccuracy, misrepresentation or omission, essential character, of any data or information that is incorporated to a responsible statement or communication, or non-presentation to the competent responsible statement of administration, documentation that is required to prove compliance with stated, or communication, where will determine the impossibility to continue with the exercise of the right or activity affected from the moment that you have proof of such facts , without prejudice to criminal, civil or administrative responsibility that had place.
Also, the resolution of the public administration which declares such circumstances may determine the obligation of the interested party restore the legal situation at the time prior to the recognition or exercise of the right at the beginning of the corresponding activity, as well as the impossibility of encouraging a new procedure with the same object over a period of time determined by the law all this in accordance with the terms laid down in the sectoral rules of application.
5. public administrations will be permanently updated and published models of responsible Declaration and communication, readily accessible to interested parties.
6. only shall be enforceable, either a responsible statement, well a communication to initiate the same activity or obtain the recognition of a right or faculty for their exercise, without the possible requirement of both cumulatively.
Chapter III management of the procedure article 70. Administrative record.
1. it is understood administrative file the ordered set of documents and actions that serve as precedent and Foundation to the administrative decision as well as the proceedings to run it.
2. the records will be in electronic format and will through ranked aggregation of many documents, tests, expert opinions, reports, agreements, notifications and other proceedings must integrate them, as well as a numbered index of all documents which contain when it is submitted. Also, must be entered in the record electronic certified copy of the resolution adopted.
3. when under a standard is necessary to send the electronic file, shall be as laid down in the national interoperability scheme and the corresponding technical standards of interoperability, and will send full, layered, authenticated and accompanied by an index, also authenticated documents containing. Authentication of the quoted rate will ensure integrity and immutability of the electronic file generated from the moment of its signature and will allow your recovery whenever necessary, be admissible that a document be part of different electronic records.
4 not part of the administrative record information which is ancillary or support, such as that contained in applications, files and computer databases, notes, drafts, opinions, summaries, communications and reports internal or between administrative entities or organs as well as value judgements issued by public administrations, except that in the case of reports, mandatory and optional requested before the administrative decision which put an end to the procedure.
Article 71. Boost.
1. the procedure, subject to the principle of speed, will boost ex officio in all its procedures and through electronic means, respecting the principles of transparency and publicity.
2. in the office of records the strict order of proceedings in matters of homogeneous nature, will be saved unless order motivated to the contrary, that it be recorded is given by the holder of the administrative unit.
Failure to comply with the provisions of the preceding paragraph will result in the requirement of disciplinary liability of the infringer and, where appropriate, will be cause for removal of the job.
3. the persons designated as organ instructor or, where appropriate, the holders of administrative units that have attributed such function shall be direct the procedure and, in particular, compliance with deadlines.
Article 72. Concentration of procedures.
1. in accordance with the principle of administrative simplification, will remember in a single act all the formalities which, by their nature, support a simultaneous impulse and not be forced their future compliance.
2. to request the procedures which should be fulfilled by other bodies, the legal time limit set for this purpose must be given communication courses.
Article 73. Completion of formalities.
1. the formalities which must be completed by those interested must be performed within the period of ten days following the notification of the corresponding Act, except in the case that the corresponding standard be set different term.
2. at any point in the procedure, when the Administration considers that any of the acts of the concerned does not meet requirements, it shall inform of its author, giving a deadline of ten days to complete it.
3. to stakeholders that do not comply with the provisions of the preceding paragraphs, is may declare decayed in its right to the corresponding process. However, the performance of the person concerned shall be allowed and will produce its legal effects, if it occurs before or within the day which is notified of the resolution that is in elapsed time.
Article 74. Incidental issues.
The incidental questions arising in the proceedings, including those relating to the annulment of proceedings, not suspend the processing thereof, except the objection.
Chapter IV statement of the procedure section 1 General provisions article 75. Acts of instruction.
1. the instruction acts necessary for the determination, knowledge and verification of the facts under which should pronounce the resolution, shall be ex officio and by electronic means, by the organ which Transact the procedure, without prejudice to the right of interested parties to propose actions which require their intervention or constitute legal or regulations established procedures.
2 applications and information systems used for the instruction of procedures shall ensure the control of times and deadlines and the identification of the bodies responsible for the orderly processing of records, as well as facilitate the simplification and the advertising of the procedures.
3. the instruction acts requiring the intervention of concerned shall practice in the way that is most convenient for them and is compatible to the extent possible, with their business or professional obligations.
4. in any case, organ instructor shall take the necessary measures to ensure full respect for the principles of contradiction and equality of those interested in the procedure.
Article 76. Allegations.
1. those interested may, at any time in the previous procedure to the hearing process, adduced allegations and provide documents or other evidence.
And others will be taken into account by the competent authority to write the corresponding motion for a resolution.
2. at all times can stakeholders claim processing defects and, in particular, which involve suspension, infringement of mandatorily indicated deadlines or the omission of paperwork that can be rectified prior to the final resolution of the matter. The allegations may lead, if any reasons to do so, the requirement of the corresponding disciplinary responsibility.
Section 2 test article 77. Media and trial period.
1. the relevant facts for the decision of a procedure may be accredited by any means of proof permitted in law, whose valuation will be made in accordance with the criteria laid down in the law 1/2000, of 7 January, of Civil procedure.
2. when the Administration does not have by certain facts alleged by the interested parties or the nature of the procedure required by, instructor of the same agreed the opening of a trial period for a period not exceeding thirty days nor less than ten, so that they can practice how many deems relevant. Also when it considers it necessary, the instructor, at the request of interested parties, may decide the opening of a special test for a period not exceeding ten days.
3. the instructor of the procedure may only reject tests proposed by interested parties when they are obviously irrelevant or unnecessary, by a motivated resolution.
4. in procedures of sanctioning character, the facts stated tested by strong criminal judgments be linked to public administrations with regard to disciplinary procedures that proceedings.
5. the documents formalized by officials who recognized authority and where the condition was observed the corresponding legal requirements collected the facts noted by those will make these test unless otherwise credited.
6. when the test consist in issuing a report of an administrative organ, public organization or entity of public law, means that this is mandatory.
7. when the assessment of the tests taken may constitute the basic foundation of the decision reached in the procedure, essential piece to the correct assessment of the facts, must be included in the motion for a resolution.
Article 78. Practice test.
1. the administration shall inform interested parties, in advance, the start of the necessary actions for the realization of the tests that have been admitted.
2. the notification will indicate the place, date and time that the test, with the warning, shall be in your case, that the person concerned may appoint technicians to assist you.
3. in cases where, at the request of the person concerned, be carried out tests which involve expenses that should not bear this may require advance payment of them, subject to the final settlement, once practiced test administration. The settlement of costs shall be joining receipts proving the reality and the amount of them.
Section 3 reports article 79. Request.
1. for the purposes of the resolution of the procedure, request those reports that are mandatory by legal provisions, and which they deem necessary to resolve, citing the obligation requiring them or based, where appropriate, the desirability of claiming them.
2. at the request of report end or ends about them that is requested will be made.
Article 80. Issuance of reports.
1. unless expressly provided otherwise, the reports will be optional and not binding.
2. the reports will be issued through electronic means and in accordance with the requirements that said article 26 within the period of ten days, unless a provision or compliance with the rest of the time-limits of the procedure allows or requires another term more or less.
3 not to issue the report in due time, and without prejudice to any liability incurred by the person responsible for the delay, may continue the proceedings unless in the case of a mandatory report, in which case is may suspend the course of the legal deadline to resolve the procedure under the terms set out in point (d)) of paragraph 1 of article 22.
4 If the report should be issued by a public administration other than which transacts the procedure in order to express the point of view of corresponding to their respective competencies, and reacquired the term unless one is issued, the proceedings may continue.
The report issued after the deadline will not be taken into account by adopting the relevant resolution.
Article 81. Request for reports and opinions in liability proceedings.
1. in the case of liability proceedings shall be mandatory to request report to the service which caused the alleged injury compensable, and may not exceed ten days the period of issue.
2. When are claimed allowances of value equal to or exceeding 50,000 euros or which is established in the corresponding regional legislation, as well as in those cases requiring the law 3/1980 of 22 April, the Council of State, will be required to request a ruling from the Council of State or, where appropriate, of Abe in the autonomous community.
To these effects, organ instructor, within ten days from the completion of the hearing process, shall forward to the competent authority to request the opinion of a motion for a resolution, to be adjusted as provided for in article 91, or, where appropriate, the proposed agreement whereby the procedure could end conventionally.
The opinion will be issued in the period of two months and shall pronounce on the existence or not of causation between the operation of the public service and the lesion produced and, where appropriate, on the valuation of the damage and the amount and mode of compensation in accordance with the criteria established in this law.
3. in the case of claims in respect of the liability of the State for the abnormal functioning of the administration of Justice, the report of the General Council of the judiciary which will be evacuated within a maximum period of two months will be mandatory. The deadline for decision shall be suspended for the time that mediate between the application, the report and its reception, and may not exceed the period of the aforementioned two months.
Section 4 Article 82 stakeholder involvement. Hearing process.
1 Instruidos procedures, and immediately before drafting the motion for a resolution, will be highlighted to stakeholders or, where appropriate, their representatives, what shall be taken into account the limitations provided for in applicable law 19/2013, 9 December.
Hearing stakeholders will be prior to the request for the report by the body competent to legal advice or to request the opinion of the Council of State or equivalent advisory body of the autonomous community, in the event that they were part of the procedure.
2. those interested in a term not less than ten days nor more than fifteen, may claim and present documents and justifications that they deem relevant.
3. If before the expiration of the term stakeholders expressed its decision not to make allegations or provide new documents or justifications, shall be carried out the procedure.
4 may dispense with the procedure of hearing when they do not appear in the procedure or other facts to be taken into account in the resolution or other allegations and evidence that the adduced by the person concerned.
5. in procedures for the liability referred to in article 32.9 of the law on legal regime of the Public Sector, it will be necessary in any case to give audience to the contractor, notifying you of actions carried out in the procedure, to the effect that has people in it, expose what your right to agree and propose many means of proof it considers necessary.
Article 83. Public information.
1. the organ with the corresponding resolution of the procedure, when required by the nature of this, may agree to a period of public information.
2. for this purpose, will be published a notice in the relevant official journal to any natural or legal person may examine the record or the part thereof agreed upon.
The announcement shall designate the place of display, and must be in any case available to persons who request it through electronic means in the corresponding electronic office, and will determine the time to formulate claims, that in no case shall be less than twenty days.
3. the judgment in this process will not prevent stakeholders from appeal against the final decision of the procedure.
The appearance in the processing of public information does not grant, by itself, interested party status. However, who present claims or observations in this procedure are entitled to obtain a reasoned response, which may be common to all those allegations raised substantially the same issues of the administration.
4. subject to the provisions of the laws, public administrations may establish other ways, means and channels of participation of people, directly or through organizations and associations recognized by the law in the procedure in which the administrative acts are issued.
Chapter V termination of the procedure section 1 General provisions article 84. Termination.
1 will put end to the procedure, the resolution, the withdrawal, renunciation of the right in that melts the request, where such waiver is not prohibited by the legal system, and the Declaration of expiration.
2. also will result in termination of the procedure the material impossibility of continuing it for reasons which have arisen. The resolution handed down must be motivated in any case.
Article 85. Termination in the proceedings.
1 started a sanctioning procedure, if the offender recognizes its responsibility, the procedure be solved with the imposition of the sanction that is appropriate.
2 when the sanctions have only pecuniary character either fit to impose a pecuniary sanction and another character not pecuniary but has been justified the unfairness of the second, the voluntary payment by the suspect, at any time prior to the resolution, it will involve the completion of the procedure, except in relation to the replacement of the altered situation or to the determination of compensation for the damages and harm caused by the Commission of the offence.
3. in both cases, when the sanction only pecuniary nature, the body competent to resolve the procedure apply reductions, at least 20% on the amount of the proposed penalty, which are cumulative to each other. The above-mentioned reductions, must be determined in the notice of initiation of the procedure and its effectiveness will be conditioned to the withdrawal or renunciation of any action or appeal in administrative proceedings against the sanction.
The percentage of reduction referred to in this section may be increased by regulation.
Article 86. Conventional completion.
1. public authorities may conclude agreements, covenants, agreements or contracts people both public and private, provided that they are not contrary to the legal order or they related to matters not subject to transaction and designed to satisfy the public interest have entrusted, with the scope, effects and specific legal regime which, where appropriate, provides for the provision governing it and can such acts be consideration of administrative procedures finalizers or inserted into them with character prior, binding or not, the resolution putting an end.
2. the above-mentioned instruments should establish as a minimum content the identification of parties involved, personal, functional and territorial level, and the term of validity, must be published or not according to their nature and people who intended.
3 they will require in any case the express approval of the Council of Ministers or equivalent body of the autonomous communities, the agreements related to matters within the direct competence of that organ.
4. agreements which have been agreed will not be alteration of the competences attributed to administrative bodies, nor the responsibilities that correspond to the authorities and officials, relating to the functioning of public services.
5. in cases of liability procedures, the agreement reached between the Parties shall fix the amount and mode of compensation in accordance with the criteria to calculate it and pay it established article 34 of the law on legal regime of the Public Sector.
Section 2 resolution article 87. Complementary actions.
Before issuing a decision, the body competent to resolve may decide, by motivated agreement, the realization of complementary actions required to resolve the procedure. No reports that immediately precede the final resolution of the procedure shall be regarded as complementary actions.
The agreement's implementation of complementary actions be communicated to stakeholders, giving them seven days to make allegations that are relevant after the end of the same. Complementary actions should be practised in a period not exceeding fifteen days. The deadline to resolve the procedure shall be suspended until the completion of complementary actions.
Article 88. Content.
1. the resolution putting an end to the procedure will decide all the issues raised by stakeholders and those other derived from it.
In the case of related issues which had not been raised by the interested parties, the competent body may decide on them, putting before manifest to those for a period not superior to fifteen days, that formulate the allegations that they deem relevant and contribute, where appropriate, the means of proof.
2. in procedures processed at the request of the person concerned, the resolution will be congruent with the demands made by this, unless in any case it can aggravate your situation initial and without prejudice to the authority of the Administration to initiate ex officio a new procedure, if applicable.
3. resolutions shall contain the decision, which will be motivated in the cases referred to in article 35. Expressed, in addition, the resources coming against the same administrative body or court before which would arise and term for such remedies, notwithstanding that those concerned can exercise any other wish.
4. without prejudice to the form and place designated by the person concerned for the practice of the notifications, the resolution of the procedure will dictate electronically and will ensure the identity of the competent authority, as well as the authenticity and integrity of the document that is formalized through the use of any of the instruments provided for in this law.
5. in no case may the Administration refrain from resolve pretext of silence, darkness, or failure of the legal rules applicable to the case, so even if you can remember the rejection as inadmissible requests recognition of rights not provided for in the law or manifestly lacking order basis, without prejudice to the right of petition provided for in article 29 of the Constitution.
6. the acceptance of reports or opinions will serve as motivation to the resolution when they incorporated in the text of the same.
7. when the competence to instruct and solve a procedure not justifiably in a same organ, will be necessary for the instructor to raise to the competent organ to settle a motion for a resolution.
In the disciplinary proceedings, the motion for a resolution shall be reported to stakeholders under the terms provided in the following article.
Article 89. Motion for a resolution in the disciplinary proceedings.
1 organ instructor will solve the completion of the procedure, with the actions file, required the formulation of the draft resolution, when in the instruction procedure gets revealed that attends any of the following circumstances: to) the absence of the facts that could constitute infringement.
(b) when the facts are not accredited.
(c) when the facts do not constitute, in manifest mode, administrative offense.
d) when it is not or has not been able to identify the person or persons responsible for or they appear exempt from liability.
(e) when be concluded at any time, which has prescribed the infringement.
2. in the case of disciplinary proceedings, once finished the procedure instruction, organ instructor will formulate a draft resolution which must be notified to the interested parties. The motion for a resolution shall indicate the implementation of manifesto of the procedure and the time to make declarations alegaciones and submit documents and information that may be relevant.
3. in the motion for a resolution the facts that are considered to be tested shall be fixed in motivated form and their exact legal classification, is determined the offence constituting, in his case, those, the person or persons responsible and the sanction proposed, the assessment of tests taken, especially those constituting the basic fundamentals of the decision, as well as interim measures to , where appropriate, are taken. When the statement concluded the absence of infringement or liability and is not made use of the option provided for in the first paragraph, the proposal will declare that circumstance.
Article 90. Specialties of the decision in the proceedings.
1. in the case of sanctioning proceedings, in addition to the expected content in the two preceding articles, the resolution will include the evaluation of tests taken, especially those that constitute the basic fundamentals of the decision, shall set the facts and, in his case, person or responsible persons, infringement or violations committed and the sanction or sanctions imposed , either the Declaration of non-existence of infringement or liability.
2. in resolution facts other than those determined in the course of the procedure, irrespective of their different legal assessment will not be accepted. However, when the body competent to solve considers that the offence or the penalty are of greater gravity than determined in the motion for a resolution, will be notified to the accused provide how many arguments it deems fit in within fifteen days.
3. the resolution putting an end to the procedure will be Executive when not fit any ordinary appeal in administrative proceedings against it, and may adopt the same provisions which may consist in the maintenance of interim measures which may be taken and precautionary precise to ensure effectiveness in both non-executive.
When the resolution is Executive, may suspend provisionally, if the person concerned appears to the Administration its intention of contentious-administrative appeal against the firm administrative resolution. Such a suspension injunction will end when: to) the legally prescribed period has elapsed without that the person concerned has filed contentious resource.
b) having the interested filed contentious-administrative appeal: 1 do not have requested the same pending the suspension injunction of the contested decision.
2nd the judicial organ to rule on the suspension injunction requested, on the terms laid down therein.
4 when sanctioned behavior had caused damages to the administrations and the amount intended to compensate the damage had not been determined on the record, will it be fixed by a complementary procedure, whose resolution will be immediately Executive. This procedure will be susceptible to conventional completion, but neither this nor the acceptance by the infringer of the resolution which could fall will involve the voluntary recognition of its responsibility. The resolution of the procedure will put an end to the administrative procedure.
Article 91. Specialties of the resolution in the procedures in the field of liability.
1. Once received, if any, the opinion to which refers article 81.2 or, where this is not mandatory, once finished the process of hearing, the competent body will resolve or shall submit the proposed agreement for its registration by the applicant and the administrative body competent to sign it. When it deems not coming to formalize the conventional completion proposal, the competent body will resolve under the terms provided in the following section.
2. in addition to provisions of article 88, in cases of liability procedures, it will be necessary that the resolution to rule on the existence or not of the causal relationship between the operation of the public service and the lesion produced and, where appropriate, on the assessment of the damage caused, the amount and the mode of compensation as appropriate, in accordance with the criteria established in article 34 of the law on legal regime of the Public Sector to calculate it and pay it.
3 six months since it was initiated the procedure unless you have fallen and express resolution is notified or, in your case, it has concluded the agreement, will understand that the resolution is contrary to the individual compensation.
Article 92. Competition for the resolution of patrimonial responsibility procedures.
At the level of the General Administration of the State, liability procedures will be resolved by the respective Minister or the Council of Ministers in cases of article 32.3 of the legal regime of the Public Sector Act or where a law is thus provided.
At regional and local level, the procedures of patrimonial responsibility will be resolved by the relevant bodies of the autonomous communities or institutions that make up the Local Administration.
For entities of public law, the rules governing their legal status may establish bodies to whom corresponds the resolution procedures of patrimonial responsibility. In his absence, shall apply the rules laid down in this article.
3rd cancellation and renunciation of article 93 section. Withdrawal by the administration.
Initiated ex officio procedures, the Administration may withdraw, accordingly, in the cases and with the requirements laid down in the laws.
Article 94. Withdrawal and renunciation by interested parties.
1. all interested may withdraw their application or, when this is not prohibited by applicable law, renounce their rights.
2. If the notice of initiation was formulated by two or more interested, the withdrawal or renunciation will only affect those who had made it.
3 both the withdrawal and the waiver may be made by any means allowing its constancy, provided that incorporate signatures that apply as laid down in the applicable legislation.
4. the Administration will accept drawing the withdrawal or renunciation, and declared closed the procedure unless, its continuation in the period of ten days having been personado in the same third parties, these instasen since they were notified of the withdrawal or renunciation.
5. If the question raised by the initiation of the procedure involves general interest or appropriate to substantiate it for its definition and clarification, administration may limit the effects of the withdrawal or renunciation to the applicant and the procedure.
Section 4 expiration article 95. Requirements and effects.
1. in proceedings initiated at the request of the interested party, when his stoppage occurs for reasons imputable to the same, the Administration warned that, after three months, will be the revocation of the procedure. Consumed this term without the required particular perform the activities necessary to resume processing, the Administration agreed file actions, notifying the person concerned. Against the decision declaring forfeiture shall make relevant resources.
2 you can remember the expiration by simple inactivity interested in filling procedures, provided that they are not essential for decision. This downtime will not have another effect that the loss of their right to the referral procedure.
3. the expiration will not produce by itself alone the prescription of actions of the individual or the Administration, but outdated procedures shall not interrupt the period of limitation.
Where possible the initiation of a new procedure have not been prescription, you can join this acts and procedures whose content had remained just as have not been the expiration. In any case, the new procedure claims procedures, proposition of proof and hearing must be completed to the person concerned.
4 can the expiry in the event that the raised issue affects the general interest, or appropriate to substantiate it for its definition and clarification not be applicable.
Chapter VI of the simplified processing of the common administrative procedure article 96. Simplified processing of the common administrative procedure.
1. when reasons of public interest or the lack of complexity of the procedure so warrant, public administrations may agree, ex officio or at the request of the person concerned, the simplified proceedings.
At any time prior to its resolution procedure, the competent body for processing may agree to continue according to the ordinary procedure.
2. when the Administration agreed ex officio the simplified proceedings shall notify interested parties. If one of them appears to express opposition, the Administration must follow the ordinary processing.
3. applicants may apply for the simplified proceedings. If the body responsible for processing that do not attend any of the grounds provided for in paragraph 1, it may dismiss such application, within five days from its presentation, without any possibility of appeal by the interested party. After mentioned period of five days the application shall be rejected.
4. in the case of proceedings in respect of the liability of public administrations, if once started the administrative procedure the competent authority for processing of a causal link between the operation of the public service and injury as well as damage assessment considered unambiguous and the calculation of the amount of compensation, may decide ex officio the suspension of the general procedure and the introduction of a simplified procedure.
5. in the case of procedures of sanctioning nature, may adopt simplified procedure process where the body competent to initiate the proceedings considers that, in accordance with the provisions of its regulations, there are sufficient evidence to qualify the offence as mild, without that fit the express opposition by the interested party referred to in paragraph 2.
6 unless you subtract less for regular processing, administrative procedures dealt with in a simplified way must be resolved in 30 days, counting from the next to which is notified to the person concerned the agreement of simplified proceedings, and consist only of the following procedures: to) home of the procedure ex officio or at the request of the person concerned.
(b) correction of the application as filed, where applicable.
(c) claims at the beginning of the procedure during the period of five days.
(d) hearing process, only when the resolution will be unfavorable to the person concerned.
e) review of the legal service, where this is required.
(f) report of the Council General of the to court, where this is required).
(g) the opinion of the Council of State or equivalent advisory body of the autonomous community in cases in which it is mandatory. Since requesting the opinion to the Council of State, or equivalent body, until it is issued, there will be the automatic suspension of the time limit to solve.
The competent authority shall request the issuance of the opinion at such a time that allows to meet the deadline for a resolution of the procedure. The opinion may be issued within the period of fifteen days if so requested by the competent authority.
In any case, in the record that is submitted to the State Council or equivalent advisory body, will include a motion for a resolution. Where the opinion is contrary to the bottom of the motion for a resolution, irrespective of which this criterion, is addressed or not the body competent to resolve will agree to continue the procedure according to the ordinary procedure, which shall be notified to the interested parties. In this case, shall be validated all the actions that had been made during the simplified proceedings, with the exception of the opinion of the Council of State or equivalent advisory body.
7. in the event that a procedure required the implementation of a procedure not provided for in the preceding paragraph, it shall be transacted in ordinary way.
Chapter VII implementation article 97. Title.
1. public administrations not start any material actions of implementation of resolutions that would limit rights of individuals without that has previously been adopted the resolution that serve as you a legal basis.
2. the authority ordering an act of material execution of resolutions is obliged to notify the interested individual resolution authorizing the administrative action.
Article 98. Enforceability.
1 acts of the administrations public subject to administrative law will be immediately executives, except that: to) there is the suspension of the execution of the Act.
(b) it is a resolution of a sanctioning procedure that fits some resource in administrative proceedings, including the optional reset.
(c) a provision provides otherwise.
(d) you need approval or higher authorization.
2. when an administrative decision, or any other form of completion of the administrative procedure provided in this law, born an obligation of payment for a pecuniary punishment, fine or any other right that has been paid to the public Treasury, this shall be carried out preferably, unless it is justified by the impossibility of doing so, using one of the following electronic media (: a) credit and debit card.
(b) bank transfer.
(c) direct debit.
(d) any others that are authorised by the competent authority in the field of public finance.
Article 99. Levy of execution.
The Government, through its competent bodies in each case, may proceed, prior warning, to the enforcement of administrative acts, except in the cases in the suspension of execution in accordance with the law, or when the Constitution or the law require the intervention of a judicial body.
Article 100. Means of enforcement.
1 the enforcement by public authorities shall be carried out, always respecting the principle of proportionality, for the following media: to) constraint on the heritage.
(b) subsidiary execution.
(c) periodic penalty payment.
(d) compulsion on people.
2. If several were admissible means of execution shall be elected the least restrictive of individual freedom.
3 if necessary, enter the address of the affected or in the remaining areas requiring authorization of its owner, public administrations must obtain the consent of the same or, in their absence, the timely judicial authorization.
Article 101. Rainy day on the heritage.
1. If under administrative act he had met liquid quantity will follow the procedure laid down in the rules governing the enforcement procedure.
2. in any case not it may be imposed to managed a pecuniary obligation which was not established pursuant to a legal standard.
Article 102. Subsidiary execution.
1 there will be subsidiary execution in the case of acts that not being personal can be made by subject other than the obligor.
2. in this case, public administrations will be the Act itself or through the people who determine, at the expense of the obligor.
3. the amount of the expenses, damages shall be required in accordance with the provisions of the preceding article.
4. this amount can settled provisionally and performed prior to the execution, subject to final settlement.
Article 103. Coercive fine.
1 when so authorized by the laws, and in the form and amount that they determine, public administrations can, for the execution of certain actions, impose periodic penalty payments, repeated for periods of time that are sufficient to meet as ordered, in the following cases: to) personal acts do not appropriate the direct compulsion of the liable person.
(b) acts that, proceeding the compulsion, the Administration not considers it suitable.
(c) acts whose execution can the required order to another person.
2. the periodic penalty payment is separate from the sanctions that may be imposed on such a basis and supports them.
Article 104. Compulsion on people.
1. the administrative acts which impose a personal do not make or support obligation may be executed by direct compulsion of persons in cases in which the law expressly authorizes it, and inside always due respect for their dignity and rights recognized in the Constitution.
2 If, for personal obligations to, will not undertake the provision, the obligor shall compensate damages, to whose liquidation and collection shall be administrative.
Article 105. Ban on possessory actions.
Possessory actions against the actions of administrative bodies in matters within its competence and in accordance with the legally established procedure will not be accepted for processing.
Title V of the review of administrative acts chapter I review of trade article 106. Review of provisions and void acts.
1. public administrations, at any time, on its own initiative or at the request of the interested party, and prior favourable opinion of the Council of State or equivalent advisory body of the autonomous community, if any, shall declare ex officio the nullity of administrative acts that have put an end to the administrative procedure or which have not been challenged in term, in the cases referred to in article 47.1.
2. in addition, at any time, public administrations of craft, and prior favourable opinion of the Council of State or equivalent advisory body of the autonomous community, if any, may declare the nullity of the administrative provisions in the cases referred to in article 47.2.
3. the body responsible for the review of nursing may agree accordingly inadmissible admissible requests by stakeholders, without the need to seek the opinion of the State Council or advisory body of the autonomous community, when they are not based on any of the grounds for invalidity of article 47.1 or manifestly without foundation, as well as in the event that other substantially equal requests had been rejected on the merits.
4. public administrations, to declare the nullity of a provision or act, may establish, in the same resolution, compensation that proceed to recognize stakeholders, given the circumstances provided for in articles 32.2 and 34.1 of the legal regime of the Public Sector Act notwithstanding that, in the case of a provision, remain the firm acts in implementation of the same.
5. when the procedure had been initiated ex officio, the course of the period of six months from inception without issuing decision will produce the same expiration. If the procedure had been initiated at the request of interested, can understand the same rejected by administrative silence.
Article 107. Declaration of prejudicial effect of voidable acts.
1. public authorities may challenge before the contentious-administrative court order acts conducive to stakeholders that are voidable pursuant to article 48, prior its Declaration of harm to the public interest.
2. the Declaration of prejudicial effect does not may be adopted once after four years since the administrative act was issued and shall require the prior audience of those who appear to be interested therein, in the terms established by article 82.
Without prejudice to its consideration as a litigation budget of admissibility of the action in the judicial process, the Declaration of prejudicial effect will not be susceptible of appeal, although it may give notice to stakeholders for the mere informational purposes.
3 after the period of six months from the initiation of the procedure without the prejudicial effect, been declared will occur the expiration thereof.
4. If the Act came from the General Administration of the State or the autonomous communities, the Declaration of prejudicial effect will be adopted by the body of each competent authority in the matter.
5. If the Act came from the entities that make up the Local Administration, the Declaration of prejudicial effect will be adopted by the plenary of the Corporation or, in absence thereof, by the superior collegiate body of the entity.
Article 108. Suspension.
Initiated the review procedure ex officio referred to articles 106 and 107, the body competent to declare the nullity or harmfulness, may suspend the execution of the Act, when it could cause impossible or difficult to repair damages.
Article 109. Repeal of acts and rectification of errors.
1. public authorities may revoke, while not expiry of the limitation period, their acts of assessment or unfavorable, whenever such revocation does not constitute a waiver or exemption not permitted by law, or otherwise be contrary to the principle of equality, to the public interest or the legal system.
2. public administrations may also rectify anytime, ex officio or at the request of stakeholders, material errors, fact or arithmetic in their acts.
Article 110. Limits of the review.
The powers of revision set out in this chapter, may not be exercised when by prescription of actions, by time or by other circumstances, its exercise is contrary to equity, good faith, the right of individuals or the laws.
Article 111. Competition for the revision of trade provisions and acts null and voidable in the General Administration of the State.
At the State level, will be responsible for the revision of trade provisions and the administrative acts null and voidable: to) Council of Ministers, regarding his own actions and provisions and acts and provisions dictated by Ministers.
(b) in the General Administration of the State: 1 the Ministers, with regard to the acts and provisions of the Secretaries of State and the dictates by governing bodies of his Department not dependent of a Secretary of State.
2. the Secretaries of State, with respect to the acts and provisions by the governing bodies of them dependent.
(c) in public bodies and public right entities linked or dependent on the General Administration of the State: 1 the bodies to which they are attached government agencies and entities of public law, with respect to the acts and provisions dictated by the maximum governing body of these.
2. the maximum governing bodies of public organizations and entities of public law, with respect to the acts and provisions dictated by the organs of them dependent.
Chapter II resources administrative section 1 General principles article 112. Object and classes.
1. against decisions and acts of procedure, if the latter decide directly or indirectly the merits of the case, determine the impossibility to continue the procedure, produces helplessness or irreparable prejudice to the rights and legitimate interests, may be brought by interested parties of seam and optional resources replenishment, which will fit based on any of the grounds for nullity or voidability provided for in articles 47 and 48 of this law.
Opposition to the remaining acts of procedure may be claimed by applicants for consideration in the resolution putting an end to the procedure.
2. laws may replace the appeal, in cases or certain sectoral areas, and where justified by the specific nature of the matter, by other procedures of challenge, claim, conciliation, mediation and arbitration, to colleges or specific committees not subject to hierarchical instructions, with respect to the principles, guarantees and terms that this law recognizes people and interested in any administrative procedure.
Under the same conditions, the appeal may be replaced by the procedures referred to in the preceding paragraph, respecting its optional character to the person concerned.
The application of these procedures in the field of Local Administration can not assume ignorance of the adjudicative powers recognized the elected representative bodies established by law.
3 the administrative regulations of a general nature not be brought against administrative.
Appeals against an administrative act that only merge in the nullity of any administrative provision of a general nature may be brought directly before the body that issued this provision.
4. the economic-administrative claims shall comply with the procedures established by specific legislation.
Article 113. Extraordinary appeal for review.
Against firm administrative acts, only proceed extraordinary judicial review when any of the circumstances provided for in article 125.1.
Article 114. End of the administrative procedure.
1 put an end to the administrative procedure: to) resources of appeal resolutions.
(b) resolutions of the procedures referred to in article 112.2.
(c) the resolutions of the administrative bodies that lack of hierarchical superior, unless legislation provides otherwise.
(d) agreements, covenants, agreements or contracts that consideration of the procedure finalizers.
(e) the administrative decision of the procedures of patrimonial responsibility, anyone who kind of relationship, public or private, that derive.
f) complementary procedures regarding sanctioning resolution refers to article 90.4.
(g) other decisions of administrative bodies when a legal or regulatory provision thus provides it.
2 in addition to the provisions of the preceding paragraph, at the State level put an end to the administrative acts and following resolutions: to) the administrative acts of members and organs of the Government.
(b) emanating from the Ministers and Secretaries of State in the exercise of powers that have organs that are attributed.
(c) the emanating of the governing bodies with level of Director general or above, in relation to the powers that have assigned personnel.
(d) public agencies and public right entities linked or dependent on the General Administration of the State, the arising of the maximum sole proprietorships or collegiate bodies, in accordance with the established its statutes, unless otherwise provided by law.
Article 115. Filing of appeal.
1 the filing of the appeal shall be expressed: a) the name and surname of the appellant, as well as the personal identification of the same.
(b) the Act that are relied on and the reason for their challenge.
(c) place, date, signature of the appellant, identification of the environment and, where appropriate, the place that is designated for the purposes of notifications.
(d) organ, Center or administrative unit to which it is addressed and its corresponding ID code.
(e) other characteristics required, where appropriate, by specific provisions.
2. the errors or the absence of qualification of the appeal by the appellant will not be obstacle for processing, whenever they deduce his true character.
3. flaws and defects making voidable an act may not be alleged by those who have caused them.
Article 116. Causes of rejection as inadmissible.
They are causes of inadmissibility as follows: to) be incompetent administrative organ, when the competent belonged to other public administration. The resource should be referred to the competent body, in accordance with the provisions of article 14.1 of the law on legal regime of the Public Sector.
(b) lack of legitimacy the appellant.
(c) be an act not susceptible of appeal.
d) having passed the deadline for the filing of the appeal.
(e) lack the appeal manifestly unfounded.
Article 117. Stay of execution.
1. the filing of any appeal, except in cases in which a provision provides otherwise, will not suspend the execution of the contested act.
2. Notwithstanding the provisions of the preceding paragraph, the body who compete to solve the resource, after weighting, sufficiently reasoned, between the damage that would cause the public interest or to third parties the suspension and the caused to the appellant as a result of the immediate effectiveness of the appealed Act, may suspend, ex officio or at the request of the appellant, the execution of the contested act when any of the following circumstances occur concurrently (: to) that the execution may cause impossible or difficult to repair damages.
(b) that the challenge is based on any of the grounds for invalidity of right provided for in article 47.1 of the Act.
3. the execution of the contested act shall be suspended if after a month since the request for suspension has had input in the electronic register of the administration or competent body to decide on it, the body who compete to solve the resource has not issued and notified resolution expresses in this respect. In these cases, will not apply the provisions of article 21.4 second paragraph, of this law.
4. to issue the suspension agreement may be taken precautionary measures as may be necessary to ensure the protection of the public interest or third parties and the effectiveness of the resolution or the contested act.
When suspension may result damages of any nature, that only produce effects upon provision of surety or sufficient guarantee to answer them, in the terms established by law.
The suspension will be extended after of exhausted administrative remedies when, having previously requested the applicant, exists injunction and the effects of this be extended to the contentious. If the person concerned lodged contentious-administrative appeal, requesting the suspension of the Act subject to the process, will remain suspended until the corresponding judicial pronouncement on the request.
5. when the resource is intended to challenge an administrative act which affects an indeterminate group of people, the suspension of its effectiveness shall be published in the official newspaper in which he was inserted.
Article 118. Audience of stakeholders.
1 when they have to take into account new facts or documents not included in the original record, will be shown stakeholders so that, within a period of not less than ten days nor more than fifteen, formulate the allegations and submit documents and supporting documents that they consider coming.
They will not take into account resolution resources, events, documents or allegations of the appellant, when having able to provide them in the processing of claims has not made it. Nor may be requested the examination of evidence when his lack of preparation in the proceedings in which the decision appealed against was issued was attributable to the person concerned.
2 if there were other interested parties will be given, in any case, the resource transfer so that in the abovementioned term, they claim as their own choosing from.
3. the appeal, reports and proposals do not have the character of new documents for the purposes of this article. Nor will have it that stakeholders have contributed to the record before relapsing the contested decision.
Article 119. Resolution.
1. the decision of the appeal body in whole or in part or dismissed the claims made in the same or will declare his rejection as inadmissible.
2. when existing vice of form not deemed from resolve on the merits be ordered the feedback of the procedure at the time in which the Vice was committed, that eventually may agree is the recognition of actions by a competent authority for this purpose, in accordance with the provisions of article 52.
3. the body that resolves the resource will decide how many issues, both as background, raise the procedure, have been or not alleged by the interested parties. In the latter case you'll hear them previously. However, the resolution will be congruent with the demands made by the appellant, unless in any case it can aggravate their initial situation.
Article 120. Plurality of administrative resources.
1. when a plurality of administrative resources should be resolved that they result from a single administrative act and has had lodged a legal appeal against an administrative decision or the corresponding dismissing alleged act, the administrative organ may agree the suspension term to resolve until justifiably judicial pronouncement.
2. the suspension agreement shall be notified to the interested parties, who may use it.
The interposition of the corresponding resource by an interested party, shall not affect remaining procedures that are suspended by caused by the same administrative act.
3 relapsed the judicial ruling, will be communicated to stakeholders and the administrative body competent to resolve may issue resolution without the need for any additional process, except the audience, where appropriate.
Section 2 article 121 appeal. Object.
1. resolutions and acts referred to in article 112.1, when not put an end to the administrative procedure, may be challenged on appeal to the hierarchically superior body that issued them. To these effects, the courts and bodies of selection of the personnel in the service of the public administrations and any other which, in the womb, act with functional autonomy, shall be considered dependent on the body to which they are attached, or in its absence, which has appointed the President of the same.
2 may be brought before the body that issued the Act that is disputed or the competent to resolve it.
If the resource had lodged with the authority that issued the contested, this shall refer it to the competent within the period of ten days, with its report and an orderly and complete copy of the file.
The holder of the body that issued the Act resorted is responsible for direct enforcement of the provisions of the preceding paragraph.
Article 122. Deadlines.
1. the deadline for the filing of the appeal shall be one month, if the Act is express. Expiry of that period without having lodged the appeal, the resolution will be firm for all purposes.
If the Act does not express the applicant and other interested parties may be brought appeal at any time from the day following that on which, in accordance with the specific regulations, the effects of administrative silence occur.
2. the deadline for issue and notify the resolution shall be three months. After this deadline unless justifiably resolution, you can understand dismissed the appeal, except in the case provided for in article 24.1, third paragraph.
3. against the decision of an appeal will not fit any other administrative resource, except for the extraordinary judicial review, in the cases set out in article 125.1.
Section 3 optional replacement article 123 appeal. Object and nature.
1 the administrative acts that put an end to the administrative procedure may be optionally challenged in replacement to the same authority that had issued them or be challenged directly before the contentious-administrative court order.
Contentious-administrative appeal may be 2 is brought until it is expressly resolved or there has been the alleged dismissal of the appeal filed.
Article 124. Deadlines.
1. the deadline for the filing of the appeal shall be one month, if the Act is express. Within this period, may be only brought contentious-administrative appeal, without prejudice, where appropriate, of the origin of the extraordinary appeal for review.
If the Act is not expressly, the applicant and other interested parties may appeal of replacement at any time from the day following that on which, in accordance with the specific regulations, the alleged act occurs.
2. the deadline for issue and notify the resolution of the appeal shall be one month.
3. against the decision of an appeal again that not may be brought.
Section 4 special appeal for review article 125. Object and time limits.
1 firm administrative acts against the extraordinary appeal may be brought before the administrative organ that issued them, it will also be the competent for its resolution, when any of the following circumstances: to) that dictate them is would err in in fact, arising out of the documents included in the record.
(b) that appear valuable documents essential to the resolution of the issue which, even if they are later, show the error of the decision appealed against.
(c) that in the resolution have influenced essentially documents or false declared testimony Court of law firm, before or after that resolution.
(d) resolution had been issued as a result of prevarication, bribery, violence, fraudulent machination, or other punishable conduct and thus declared pursuant to judicial judgment.
2 the extraordinary appeal is to be lodged, in the case of the cause to) of the preceding paragraph within the period of four years following the date of notification of the contested decision. In other cases, the term shall be three months from the knowledge of the documents or from the sentence the Court remained firm.
3. the provisions of this article does not affect the right of interested parties to formulate the application and the instance referred to in articles 106 and 109.2 of this law nor their right to them is pending and resolved.
Article 126. Resolution.
1. the competent body for the resolution of the appeal may accordingly agree the inadmissible admissible, without having to obtain opinion of the State Council or advisory of the autonomous body, when it does not melt in any of the causes provided for in paragraph 1 of the preceding article, or in the event that had been rejected on the merits other substantially equal resources.
2. the organ which corresponds to hear the special appeal for review must say not only about the origin of the resource, but also, where appropriate, on the merits of the issue resolved by the Act resorted.
3 after the period of three months from the filing of extraordinary judicial review have been issued and notified the resolution, means dismissed, leaving the contentious Court expeditiously.
Title VI of legislative initiative and the authority to issue regulations and other provisions article 127. Legislative initiative and authority to enact rules of legal rank.
The national Government shall exercise the legislative initiative provided for in the Constitution through the development and approval of the draft legislation and the subsequent referral of bills to the Cortes Generales.
The legislative initiative shall be exercised by the governing bodies of the autonomous communities in the terms established by the Constitution and their respective statutes of autonomy.
Likewise, the national Government may approve royal decrees and Royal legislative decrees in the terms provided for in the Constitution. Standards equivalent to those in their territory, in accordance with the provisions of the Constitution and in their respective statutes of autonomy may be approved by the respective governing bodies of the autonomous communities.
Article 128. Regulatory authority.
1. the exercise of the regulatory power corresponds to the Government of the nation, to the organs of Government of the autonomous communities, in accordance with their respective statutes, and local government bodies, in accordance with the provisions of the Constitution, the statutes of autonomy and law 7/1985, of 2 April, regulating the Bases of the Local regime.
2. the regulations and administrative provisions may not violate the Constitution or laws or regulating those matters accorded by the Constitution or the statutes of autonomy of the jurisdiction of the Cortes Generales or the legislative assemblies of the autonomous communities. Without prejudice to its role of development or cooperation with respect to the law, may not classify crimes, misdemeanours or administrative offences, establish penalties or sanctions, as well as taxes, parafiscal or other charges or personal or economic benefits of a public nature.
3. administrative provisions shall comply with the order of hierarchy established laws. No administrative provisions may violate the precepts of a higher rank.
Article 129. Principles of good regulation.
1. in the exercise of legislative initiative and the regulatory authority, public administrations will act in accordance with the principles of necessity, effectiveness, proportionality, legal certainty, transparency, and efficiency. In the explanatory statement or in the preamble, depending on whether, respectively, of draft laws or draft regulations, shall be sufficiently justified its adaptation to these principles.
2. in accordance with the principles of necessity and effectiveness, regulatory initiative must be justified by a reason of general interest, be based on a clear identification of the purposes intended, and be the most appropriate instrument to ensure their achievement.
3. in virtue of the principle of proportionality, the initiative proposed must contain essential regulation to address the need to meet the standard, after finding that there is no other less restrictive measures of rights, or that impose fewer obligations to recipients.
4 in order to ensure the principle of legal certainty, the regulatory initiative will be exercised in a manner consistent with the rest of the ordenamiento legal, national and EU, to generate a stable, predictable regulatory framework integrated, clear and certainty, which facilitate their knowledge and understanding and, consequently, the performance and takes decisions of individuals and companies.
In terms of the regulatory initiative administrative procedure set formalities additional to or different from those referred to in this law, these must be justified according to the uniqueness of the subject or the purposes pursued by the proposal.
The qualifications for the regulatory development of a law will be conferred, in General, to the Government or the respective governing Council. The direct attribution to holders of government ministries or the ministries of the Government, or other dependent or subordinate bodies of them, will have exceptional and must be justified in the enabling law.
Laws can directly empower independent authorities or other agencies that have attributed this power to approve standards in development or implementation of those rules, where the nature of the subject matter required by it.
5. in application of the principle of transparency, public administrations will enable simple, universal and updated access to the legislation in force and the documents of its production process, in the terms established in article 7 of law 19/2013, of December 9, transparency, access to public information and good governance; they will clearly define the objectives of the policy initiatives and its justification in the preamble or explanatory statement; and they will enable potential recipients to have an active participation in the development of standards.
6. in application of the principle of efficiency, regulatory initiative must avoid unnecessary or incidental administrative burdens and streamline, in its application, the management of public resources.
7 when the regulatory initiative affect costs or revenue, present or future, must quantify and assess their impact and effects, and subject to compliance with the principles of budgetary stability and financial sustainability.
Article 130. Policy evaluation and adaptation of existing legislation to the principles of good regulation.
1. public administrations be periodically reviewed their legislation to adapt to the principles of good regulation and check the extent that rules in force have achieved the intended objectives and whether it was justified and correctly quantified the cost and burdens imposed on them.
The result of the evaluation will be reflected in a report that will be published, with the detail, periodicity and by the body that determines the rules governing the relevant administration.
2. the public administrations shall promote the application of the principles of good regulation and shall co-operate to promote the economic analysis in the development of standards and, in particular, to prevent the introduction of restrictions unjustified or disproportionate to economic activity.
Article 131. Advertising standards.
Rules of legal rank, regulations and administrative provisions shall be published in the relevant official journal so that they enter into force and produce legal effects. Additionally, and optional way, public administrations may establish other complementary means of advertising.
The publication of journals or gazettes in electronic administration, organ, public organization or competent entity headquarters will, under the conditions and with the guarantees that each public administration determines, have the same effects as the attributed to its print edition.
The publication of the «Official Gazette» electronic based in the competent body will have official and authentic character in the conditions and with the guarantees to be determined by law, deriving from such publication the effects provided for in the preliminary title of the Civil Code and other applicable standards.
Article 132. Regulatory planning.
1. each year, public administrations will make public a regulatory Plan that will contain legal or regulatory initiatives expected to be high for approval in the following year.
2. Once approved, the annual regulatory Plan will be published on the Portal of the transparency of the corresponding public administration.
Article 133. Participation of citizens in the process of developing standards with the status of law and regulations.
1 prior to the elaboration of the draft or preliminary draft of law or regulation, shall be dealt with a public consultation through the website of the competent authority in which the opinion of subjects with the most representative organizations potentially affected by the future standard about shall be sought: to) problems that are intended to solve with the initiative.
(b) the need and opportunity to its approval.
(c) the objectives of the rule.
(d) the possible regulatory and non-regulatory alternative solutions.
2. without prejudice to the consultation prior to the drafting of the text of the initiative, where the standard affects the rights and legitimate interests of persons, competent management Center published the text in the corresponding, in order to give audience to the affected citizens and collect web portal many additional contributions can be made by other persons or entities. Also, be also sought directly the opinion of organizations or associations recognized by law that grouped or representing persons whose rights or legitimate interests will join together affected by standard and whose purposes directly pertaining to its object.
3. the consultation, hearing and information public regulated in this article must be made in such a way that the potential recipients of the norm and those who make contributions on it have the possibility to express their opinion, for which shall be made available the necessary documents, which will be clear, concise and gather all the information needed to be able to pronounce on the matter.
4 can be dispensed with public consultation, hearing and information procedures provided for in this article in the case of budget or standards organization of the General Administration of the State, the regional administration, local administration or the organizations dependent or related to them, or when there are reasons of public interest justifying it.
When the regulatory proposal does not have a significant impact on economic activity, not impose obligations relevant to recipients or adjust partial aspects of a subject, regulated in paragraph first public consultation may be omitted. If the rules governing the exercise of legislative initiative or of statutory authority by an administration provides the urgent processing of these procedures, the possible exception of the transaction for this circumstance shall comply with provisions of that.
First additional provision. Specialties by reason of matter.
1 administrative procedures regulated by special laws for reason of matter that does not require any of the formalities provided for in this law or regulate different or additional formalities shall be governed, with respect to these, by the provisions of such special laws.
2 the following actions and procedures shall be governed by its specific and supplementary as provided in this law: to) the performances and application of excise tax and customs procedures, as well as in administrative review.
(b) measures and procedures management, inspection, settlement, fundraising, challenge and review in the field of Social Security and unemployment.
(c) the actions and proceedings, tax and customs, social order, traffic and road safety and in the field of immigration.
(d) actions and procedures in the field of immigration and asylum.
Second additional provision. Accession of the autonomous communities and local entities to the platforms and records from the General Administration of the State.
To comply with provisions in the field of electronic register of powers of Attorney, electronic record, single electronic file, data brokering and management electronic general access point platform, the autonomous communities and local entities may join voluntarily and through electronic media platforms and records established for that purpose by the General Administration of the State. No membership, must be justified in terms of efficiency in accordance with article 7 of the Organic Act 2/2012, April 27, of budgetary stability and financial sustainability.
In the case that an autonomous region or a Local Authority justify before the Ministry of finance and public administration that can provide the service in a more efficient way, in accordance with the criteria laid down in the preceding paragraph, and choose to maintain your own records or platform, the aforementioned administrations shall ensure that it complies with the requirements of the national interoperability scheme the national security scheme and their technical standards development, so that ensure computer compatibility and interconnection, as well as the data transmission of requests, writings and communications carried out in their respective records and platforms.
Third additional provision. Service by notice published in the «Official Gazette».
1. the «Official Gazette» will put at the disposal of the different public administrations, an automated system of referral and management telematics for the publication of notice in the same ads provided in article 44 of this law and this additional provision. This system, which will comply with the provisions of this law and its implementing regulations, will ensure the speed of publication, its faithful and correct insertion as well as identification of the sender body.
2 in those administrative procedures that have specific rules, go the cases referred to in article 44 of this law, the practice of notification will be, in any case, by a notice published in the «Official Gazette», without prejudice to that previously and with optional can be done in the manner provided by such specific legislation.
3. the publication in the "Official Gazette" of the ads referred to in the two preceding paragraphs shall be without payment one by those who have requested it.
Fourth additional provision. Assistance in records offices.
Public administrations must be kept permanently updated in the corresponding electronic office a geographical directory identifying the applicant assistance office nearest to your home keeping standards.
Fifth additional provision. Administrative action of constitutional organs of State and legislative bodies and control autonomic.
The administrative action of the competent organs of the Congress of Deputies, of the Senate, the Council General of the judiciary, the Constitutional Court, the Court of Auditors, the Ombudsman, the legislative assemblies of the autonomous communities and the autonomous institutions similar to the Court of Auditors and the Ombudsman, shall be governed as provided in their specific legislation , within the framework of the principles underlying the administrative action in accordance with this law.
First transitional provision. Document archive.
1. the file of the documents relating to proceedings already initiated before the entry into force of this law, shall be governed by the provisions of the former regulations.
2. whenever possible, paper documents related to administrative procedures completed before the entry into force of this Act, must be scanned according to the requirements of the applicable regulations.
Second transitional provision. Electronic record and electronic file only.
While they do not enter into force estimates relating to the electronic register and the single electronic file, in the scope of the General Administration of the State, the following rules shall apply: a) during the first year following the entry into force of the Act, may maintain records and files existing at the time of the entry into force of this law.
(b) during the second year after the entry into force of the law, will have a maximum of an electronic register and an electronic file by each Ministry, as well as an electronic record by each public body.
Third transitional provision. Transitional regime of the procedures.
(a) to the proceedings already initiated before the entry into force of the Act it shall not them apply it, governed under the previous regulations.
(b) review of ex officio procedures initiated after the entry into force of this Act shall be conducted by the rules laid down in this.
(c) the acts and decisions rendered subsequent to the entry into force of this law shall be governed, in terms of the regime's resources, by the provisions of the same.
(d) the acts and resolutions pending execution at the entry into force of this law shall be governed for execution by the regulations when they were issued.
(e) in the absence of express provisions laid down in the relevant statutory and regulatory provisions, the issues of transitional law which arise in the field of administrative procedure will be resolved in accordance with the principles laid down in the preceding paragraphs.
Fourth transitional provision. Transitional regime of the files, records and general access point.
While they do not enter into force estimates relating to the electronic register of powers of Attorney, electronic registration, administration and electronic single-file electronic general access point, public administrations will maintain the same channels, media or existing electronic systems relating to such matters, that permit to guarantee the right of persons to interact electronically with administrations.
Fifth transitional provision. Liability procedures derived from the Declaration of unconstitutionality of a standard or its character contrary to the law of the European Union.
Administrative liability procedures derived from the Declaration of unconstitutionality of a standard or contrary to the law of the European Union nature initiated prior to the entry into force of this law, will be resolved in accordance with the regulations in force at the time of its initiation.
Sole repeal provision. Repeal legislation.
1 shall be repealed all the rules of equal or lower rank in which contradict or oppose the provisions of this law.
2 are expressly repealed the following provisions: to) law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
(b) Law 11/2007, of 22 June, electronic access of citizens to public services.
(c) articles 4 to 7 of the law 2/2011 from 4 March, sustainable economy.
d) Royal Decree 429/1993 of 26 March, which approves the regulation of procedures of public administrations in the field of liability.
e) Royal Decree 1398 / 1993, of 4 August, which approves the regulation of the procedure for the exercise of the authority sanctioning power.
f) Royal Decree 772/1999, on May 7, which regulates the presentation of applications, writing and communications to the General State administration, the issue of copies of documents and return of originals and the regime of registration offices.
((g) articles 2.3, 10, 13, 14, 15, 16, 26, 27, 28, 29.1. to), 29.1. d), 31, 32, 33, 35, 36, 39, 48, 50, paragraphs 1, 2 and 4 of the first additional provision, the third additional provision, the first transitional provision, the second transitional provision, the third transitional provision and the fourth transitional provision of the Royal Decree 1671 / 2009 , dated November 6, which develops partially law 11/2007, of 22 June, electronic access of citizens to public services.
Hasta_que, in accordance with the seventh final disposition, produce effects estimates relating to the electronic register of powers of Attorney, electronic registration, administration and electronic single-file electronic general access point, shall remain in force articles of the rules laid down in letters to), b) and g) relating to the aforementioned materials.
3. references contained in regulations to provisions that expressly repealing be understood made to the provisions of this law governing the same subject matter than those.
First final provision. Skill-related title.
1. this law is approved on the basis of provisions of article 149.1.18. ª of the Spanish Constitution, which attributes to the State competition to dictate the bases of the legal regime of public administrations and competence in the field of system of accountability of public administrations and common administrative procedure.
2. Title VI of legislative initiative and the authority to issue regulations and other provisions and the second additional provision of membership of the autonomous communities and local entities to the platforms and records from the General Administration of the State, are also approved under cover of the provisions of article 149.1.14. ª, relative to the general Treasury, as well as article 149.1.13. ª which attributes to the State competition in terms of bases and coordination of the general planning of economic activity.
3. it provided for in articles 92 111, 114.2, first paragraph and second transitional provision, shall apply only to the General Administration of the State, as well as the rest of sections of the various precepts which provide for exclusive use in the scope of the General Administration of the State.
Second final provision. Modification of law 59/2003, of 19 December, electronic signature.
Law 59/2003, of 19 December, electronic signature, a new paragraph 11 is included in article 3 with the following wording: «11. All identification and electronic signature systems laid down in the common administrative procedure of the administrations public law and in the law on legal regime of the Public Sector will have full legal effect."
Third final provision. Modification of law 36/2011, on 10 October, regulating the social jurisdiction.
Law 36/2011, on 10 October, regulating the social jurisdiction, is worded in the following terms: one. Article 64 is worded as follows: «article 64. Exceptions to prior conciliation or mediation.
1 except for the attempt at conciliation requirement or, where appropriate, mediation processes requiring the exhaustion of administrative remedies, where appropriate, that concerning Social Security, those relating to challenges to the collective dismissal by representatives of workers, enjoy vacation and electoral matters, geographical mobility, substantial working conditions modification suspension of the contract and reduction of day due to economic, technical, organizational or production or arising from force majeure, rights of personal, family and work-life balance referred to in article 139, the office initiated, the challenges to collective agreements, the challenge of the statutes of trade unions or their modification the protection of fundamental rights and public freedoms, processes of annulment of arbitration awards, the contesting of agreements of conciliations, mediations and transactions, as well as those that exercise industrial action of protection against gender-based violence.
2 Similarly, excepted: to) those processes in which being defendant the State or another public entity also be it private individuals, provided that the claim would be subject to the exhaustion of administrative remedies and this could decide the litigious matter.
(b) cases in which, at any time in the process, after having directed the ballot or demand against certain people, necessary direct or expand it from persons other than the defendants initially.
3. where the nature of the exercised claim could have legal agreement conciliation or mediation which could achieve, even being excepted the process of referred requirement of the previous attempt, if the parties come timely voluntarily and agreed to such previous routes, expiration deadlines will be suspended or will disrupt those of prescription in the form established in the following article.
Two. Article 69 is worded as follows: «article 69. Exhaustion of administrative remedies prior to the social courts.
1. in order to be able to sue the State, autonomous communities, local entities or entities of law public with its own legal personality related or dependent thereof will be required exhaustion of administrative remedies, where appropriate, in accordance with the rules of administrative procedure.
In any case, public administration must notify stakeholders resolutions and administrative acts that affect their rights and interests, the notification containing the full text of the resolution, with an indication of whether or not is final in administrative, expression of resources that come, organ that would arise and term for such remedies , notwithstanding that stakeholders can exercise, where appropriate, any other they consider coming.
Notifications that containing the full text of the Act omitiesen any of the other requirements laid down in the previous paragraph will remain suspended expiration deadlines and interrupted those of prescription and only take effect from the date when the person concerned perform actions involving knowledge of the content and scope of the resolution or act subject to notification or resolution , or use any resource that proceed.
2. Since the administrative remedies should understand exhausted the person concerned may formalize demand within the period of two months before the Court or the competent Division. The demand must be accompanied copy of the negative decision or document of interposition or resolution of the administrative appeal, as appropriate, attaching copy of all of this for the company.
3. in the actions derived from dismissal and other shares subject to expiration date, the filing of the demand will be twenty business days or the special that is applicable, counted from the day following one in which occurred the Act or the notification of the contested decision, or from that one must understand exhausted administrative remedies in other cases."
3. Article 70 is worded as follows: «article 70. Exceptions to the exhaustion of administrative remedies.
It is not necessary to exhaust administrative remedies to bring action of protection of fundamental rights and liberties against acts of public authorities in the exercise of their powers in labour and Trade Union matters, while the deadline for the filing of the demand will be twenty days from the day following the notification of the Act or the course of the deadline set for the resolution , without further formalities; «When the lesion of the fundamental right had administrative inaction or action originated in developing indeed, or has had authoritative lodged an administrative appeal, within twenty days will occur within twenty days after the claim against inactivity or fact, or from the filing of the appeal, via respectively.»
Four. Article 72 is worded as follows: «article 72. Links for the previous administrative claims relating to Social Security benefits or via prior administrative.
In the process they may not introduce parties substantial variations in time, quantities and concepts to be subject to the administrative procedure and the actions of stakeholders or administration, or in phase of prior claims relating to benefits from Social security or appeal to exhaust administrative remedies, except in terms of new facts or which not had been able to see before.»
5. Article 73 is worded as follows: «article 73. Effects of prior administrative complaint relating to Social Security benefits.
The previous claim in respect of Social Security benefits will interrupt the limitation periods and suspended from expiration, resuming the latter to the day following the notification of resolution or the course of the term that should be rejected.'
6. Article 85 is worded as follows: «Article 85. Conclusion of the trial.
1. If there is no compromise in conciliation, it will then pass to trial and you will notice the proceedings.
Before it will be addressed, accordingly, in oral form and hearsay parties, on the previous issues that can formulate that act as well as on resources or other incidents pending resolution, without prejudice to the further succinct reasoning in the judgment, where appropriate. Shall be also heard the parties and, where appropriate, the appropriate questions to the judge will be resolved, accordingly and in oral form, or court might have at that time on its competition, demand budgets or the scope and limits of the claims formulated, respecting the procedural guarantees of the parties and without prejudging the merits of the case.
Then the plaintiff will ratify or expand their demand, but in any case you can make substantial variation in it.
2. the respondent will answer stating specifically denying the facts of the claim, and claiming few exceptions estimate from.
3. only you can formulate counterclaim when I would have announced it in conciliation prior to the process or the reply to the previous claim in respect of benefits from Social security or to exhaust the administrative resolution, and it had expressed in essence the facts is founded and the request in which takes the form. The counterclaim shall not be allowed if the Court is not competent, if the action which is exercised must be exhausted in procedural modality is stimulated and the action was not cumulative, and when there is no connection between their claims and which are the subject of the main demand.
Not be necessary counterclaim to claim compensation for debt, whenever they are due and payable and not condemnation counterclaim claim is formulated, and in general when the respondent fencing a pretense that shop only to be acquitted of the claim or claims subject to the main demand, it's enough it is alleged in the answer. If the precise obligation of being not liquid prior to the trial, judicial determination will be necessary to specifically express the facts that support the exception and the form of payment of the debt, as well as having announced it in previous mediation or conciliation, or in the claim for benefits from Social security or resolution that exhausted the administrative channels. Formulated the counterclaim, will transfer to other parties for your reply at the terms established for the demand. The same procedure of transfer shall be given to respond to the procedural exceptions be alleged case.
4. the Parties shall make use of the word many times the judge or court deems it necessary.
5. in addition, in this Act, the parties may claim as deem appropriate for purposes of the provisions of point (b)) of paragraph 3 of article 191, offering, for the opportune procedural moment, the evidence necessary to substantiate their allegations. It is not necessary to provide proof on this specific issue where the fact that the process affects many workers or beneficiaries is notorious by its very nature.
6. If procedural questions are not suscitasen or if raised, had answered, parties or its defenders with the Court shall the facts that there is conformity or non-conformity of litigants, consigning if necessary in the Act or, where appropriate, by diligence, concise reference to those compliant essential ends, for the purposes of further resource. Brief notes of calculation or summary of numeric data may also provide parts.
7. in case of total or partial break-in will be approved by the Court, after hearing the other parties, not to engage in prohibited waiver of rights, fraud law or prejudice to a third party, or be contrary to the public interest, through resolution that may be issued orally. If the RAID is total conviction in accordance with the claims of the actor will dictate. When the RAID is partial, it may be pronounced auto approval, which can take effect by the partial final execution procedures, always by the nature of the claims subject to raids, possible a separate statement that does not prejudge the remaining issues not raided, which will continue the Act of judgment.
«8. the judge or court, once practiced the testing and before the conclusions, except that there is opposition from any of the parties, you can raise the possibility of reaching an agreement and not to achieve the same at that time continue the trial.»
7. Article 103 is worded as follows: «article 103. Presentation of the demand for dismissal.
1. the worker may claim against the dismissal, within twenty business days following the day that had occurred. This period will be expiry for all purposes and not will be Saturdays, Sundays and public holidays at the headquarters of the Court.
2 if it is promoted ballot of conciliation or mediation request or demand for dismissal against a person who has any erroneously attributed the quality of entrepreneur, and transpired later, either at trial or at previous time in the process, that it was a third party, the worker can promote new lawsuit against this, or expand demand if the trial has not had held No to start the computation of the term of expiration until the moment in which the record who the entrepreneur.
3. the rules of this chapter shall apply to the challenge of business decisions on termination of contract with needed specialties, without prejudice to provisions of article 120 and each type of extinction contractual-substantive consequences.'
8. Article 117 is worded as follows: «article 117. Requirement of exhaustion of administrative remedies prior to the courts.
1. to sue the State for wages processing, will be required prior to have claimed in administrative channels in the form and time limits, against whose employer refusal or, where appropriate, the worker, may promote timely action the Court that met in the instance of the dismissal process.
2. to demand shall be accompanied copy negative administrative decision or the instance of request for payment.
3. the period of limitation of this action is that laid down in paragraph 2 of article 59 of the revised text of the law of the Statute of workers, starting the computation thereof, in the event of a claim made by the employer, from the moment in which this suffering equity reduction caused by the payment of the salaries of processing and «, in the event of a claim by the employee, from the date of notification of the court order which declared the insolvency of their employer.»
Fourth final provision. Normative references.
References to law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, be construed as references to the Act the procedure administrative common of the administrations public or the legal regime of the Public Sector law, as appropriate.
Fifth final provision. Normative adaptation.
In the term of one year from the entry into force of the law, must adapt to the same State, regional and local regulatory standards of various regulatory procedures which are incompatible with the provisions in this law.
Sixth final provision. Normative development of the law.
It empowers the Council of Ministers and the Minister of finance and public administration, within the scope of its competences, to dictate how many regulations are necessary for the development of this law, as well as to agree on the necessary measures to ensure the effective execution and implementation of the provisions of this law.
Seventh final disposition. Entry into force.
This law shall enter into force at the year of its publication in the «Official Gazette».
However, estimates relating to the electronic register of powers of Attorney, electronic registration, registration of qualified public servants, electronic general access of the Administration and single-file electronic point will produce effects to the two years of the entry into force of the law.
Therefore, command to all Spaniards, private individuals and authorities, which have and will keep this law.
Madrid, from October 1, 2015.
The Prime Minister, MARIANO RAJOY BREY
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