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Law 39/2015, On 1 October, Of The Common Administrative Procedure Of The Public Administrations.

Original Language Title: Ley 39/2015, de 1 de octubre, del Procedimiento Administrativo Común de las Administraciones Públicas.

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TEXT

FELIPE VI

KING OF SPAIN

To all who present it and understand it.

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

I

The legal sphere of citizens ' rights in the face of the actions of the public administrations is protected through a series of instruments of a reactive nature, among which the system of administrative resources or the control performed by judges and courts, as a preventive, through the administrative procedure, which is the clear expression that the Public Administration acts with full submission to the Law and the Law, as stated Article 103 of the Constitution.

The report prepared by the Commission for the Reform of Public Administrations in June 2013 is part of the conviction that a competitive economy requires efficient, transparent and agile public administrations.

In this same vein, the Spanish National Reform Programme for 2014 expressly provides for the approval of new administrative laws as one of the measures to be promoted to rationalize the actions of the institutions and entities of the executive branch, improving efficiency in the use of public resources and increasing their productivity.

The defects that have traditionally been attributed to the Spanish authorities are due to various causes, but the current system is no stranger to them, since the regulatory framework in which the Spanish authorities have been Public action has led to the emergence of duplications and inefficiencies, with too complex administrative procedures which have sometimes led to problems of legal uncertainty. In order to overcome these deficiencies, a comprehensive and structural reform is necessary to order and clarify how the administrations are organized and related, both externally, with citizens and businesses, and internally with the rest of the State administrations and institutions.

In coherence with this context, a reform of the public legal order articulated in two fundamental axes is proposed: the "ad extra" and "ad intra" relations of the Public Administrations. To this end, two new laws will be simultaneously promoted that will constitute the pillars on which Spanish administrative law will be established: the Law of the Common Administrative Procedure of Public Administrations, and the Law of Legal Regime Public Sector.

This law is the first of these two axes, in establishing a complete and systematic regulation of the "ad extra" relations between the administrations and the administrations, both in terms of the exercise of the power of self-protection and in the virtue of which administrative acts are dictated directly in the legal sphere of the persons concerned, as with regard to the exercise of regulatory powers and legislative initiative. Thus the regulation of the "ad extra" relations of the administrations with the citizens as the administrative law of reference that has to be complemented with all the previewed in the budgetary regulations is thus assembled in the single legislative body. with respect to the actions of the Public Administrations, particularly highlighting the provisions of the Organic Law 2/2012, of 27 April, of budgetary stability and financial sustainability; Law 47/2003, of 26 November, General Budget, and the State Budget Law.

II

The Constitution contains in its title IV, under the heading "Government and Administration", the own traits that differentiate the Government of the Nation from the Administration, defining the first as an eminently political organ. to which the function of governing, the exercise of the regulatory authority and the management of the Administration is reserved and establishing the subordination of it to the management of that one.

In the aforementioned constitutional title, Article 103 establishes the principles that must govern the actions of the Public Administrations, among those that highlight the effectiveness and the legality, in imposing the full submission of the administrative activity of Law and Law. The implementation of these principles is the result of a series of formal channels which must ensure the proper balance between the effectiveness of administrative action and the essential safeguard of the rights of citizens and businesses, which must be exercised on a basic level of equality in any part of the territory, irrespective of the administration with which they relate to their holders.

These "ad extra" actions of the administrations have an explicit mention in article 105 of the constitutional text, which states that the law will regulate the citizens ' audience, either directly or through the organisations and associations recognised by the law, in the procedure for drawing up the administrative provisions affecting them, and the procedure through which administrative acts must be carried out, ensuring, where appropriate, that proceed, the hearing to the stakeholders.

It is therefore to be added that Article 149.1.18 of the Spanish Constitution gives the State, inter alia, the competence to regulate the common administrative procedure, without prejudice to the specialities derived from it. the organisation of the Autonomous Communities, as well as the system of responsibility of all public administrations.

According to the constitutional framework described above, this Law regulates the minimum rights and guarantees that correspond to all citizens in respect of administrative activity, both in its aspect of the exercise of the power of self-protection, such as regulatory authority and legislative initiative.

With regard to the administrative procedure, understood as the ordered set of formalities and performances formally performed, according to the legally intended course, to dictate an administrative act or express the will of the administration, with this new regulation the state and regional powers are not exhausted in order to establish specialties "ratione materiae" or to concretize certain extremes, as the competent organ to resolve, but its character of It is common to all the public authorities and to all his actions. This has been recognised by the Constitutional Court in its case-law, considering that the regulation of the common administrative procedure by the State does not prevent the Autonomous Communities from dictating the necessary procedural rules. for the application of its substantive law, provided that the rules which, because they are the exclusive competence of the State, are respected, integrate the concept of Common Administrative Procedure with a basic character.

III

There are several relevant legislative records in this field. The legislator has evolved the concept of administrative procedure and adapted the way of action of the administrations to the historical context and the social reality of each moment. Apart from that known as the Azcarate Law of 19 October 1889, the first complete regulation of the administrative procedure in our legal order is contained in the Law of Administrative Procedure of July 17, 1958.

The Constitution of 1978 gives light to a new concept of administration, expressly and fully subject to Law and Law, as a democratic expression of the popular will, and enshrines its instrumental character, by putting it into service. the objective of the general interests under the leadership of the Government, which is politically responsible for its management. In this sense, Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and the Common Administrative Procedure, was a key milestone in the evolution of administrative law in the new constitutional framework. To this end, it incorporated significant advances in the relations of the administrations with those managed by improving the functioning of those and, above all, through a greater guarantee of the rights of the citizens against the Authority of self-protection of the Administration, whose element of closure is in the judicial review of its performance by ministry of article 106 of the fundamental text.

Law 4/1999, of 13 January, amending Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, reformulated several substantial aspects of the administrative proceedings, such as administrative silence, the system of review of administrative acts or the system of responsibility for the assets of the administrations, which made it possible to increase the legal security of the persons concerned.

The development of information and communication technologies has also been deeply affecting the way and content of the administration's relations with citizens and businesses.

Although Law 30/1992, of November 26, was already aware of the impact of new technologies on administrative relations, it was Law 11/2007, of June 22, of electronic access of citizens to the Services Public, which gave them a letter of a legal nature, in establishing the right of citizens to interact electronically with the Public Administrations, as well as the obligation of them to equip themselves with the necessary means and systems to The right could be exercised. However, in the current environment, electronic processing cannot yet be a special way of managing procedures, but must be the usual practice of the administrations. Because a paperless administration based on an entirely electronic operation not only serves the principles of efficiency and efficiency better, by saving costs to citizens and businesses, it also strengthens the guarantees of stakeholders. In fact, the constancy of documents and actions in an electronic file facilitates the fulfilment of the transparency obligations, as it allows to offer timely, agile and up-to-date information to the interested parties.

Moreover, the regulation of this matter was suffering from a problem of regulatory dispersion and overlap of different legal regimes which were not always consistent with each other. rules with an impact on the subject, including: Law 17/2009 of 23 November on free access to service activities and their financial year; Law 2/2011 of 4 March on Sustainable Economy; Law 19/2013 of 9 December, of transparency, access to public information and good governance, or Law 20/1013, of 9 December, guarantee of the market unit.

In the light of this legislative scenario, it is essential to have a new law that systematizes all the regulation concerning the administrative procedure, which clarifies and integrates the content of the aforementioned Law 30/1992, of 26 November and Law 11/2007, of June 22, and deepen in the streamlining of procedures with a full electronic operation. All this will revert to better compliance with the constitutional principles of effectiveness and legal certainty that should govern the performance of public administrations.

IV

During the more than twenty years of Law 30/1992, of November 26, within the European Commission and the Organization for Economic Cooperation and Development, progress has been made in improving production rules ("Better regulation" and "Smart regulation"). The various international reports on the subject define smart regulation as a legal framework of quality, which allows the fulfillment of a regulatory objective while offering the appropriate incentives to energize the activity. It allows for the simplification of processes and the reduction of administrative burdens. To this end, an appropriate analysis of the impact of the rules is essential, both ex ante and ex post, as well as the participation of citizens and companies in the regulatory process, as the result is the compliance with the laws.

Over the last decade, Law 17/2009 of 23 November and Law 2/2011 of 4 March put forward a step forward in the implementation of the principles of good regulation, especially in relation to the exercise of activities. economic. Already in this legislature, the Law 20/2013 of 9 December has taken important additional steps, making available to citizens the information with legal relevance of the procedure for the elaboration of standards.

However, it is necessary to have a new regulation that, by ending the existing regulatory dispersion, will strengthen citizen participation, legal certainty and the revision of the system. With these objectives, the bases under which the legislative initiative and the regulatory authority of the Public Administrations are to be unwrapped are established for the first time in a law in order to ensure their exercise of agreement. With the principles of good regulation, guarantee the audience and participation of the citizens in the elaboration of the norms and achieve the predictability and public assessment of the law, as an indispensable corollary of the law The Constitution is a constitutional one. This innovation is crucial especially in a territorially decentralized state in which three levels of territorial administration are co-existing that project their normative activity on subjective and geographical spaces on many occasions. matching. This regulation follows the recommendations made in this field by the Organisation for Economic Cooperation and Development (OECD) in its report issued in 2014 "Spain: From Administrative Reform to Continent Improvement".

V

The Act is structured in 133 articles, distributed in seven titles, five additional provisions, five transitional provisions, one derogating provision and seven final provisions.

The preliminary title, of general provisions, addresses the objective and subjective scope of the Law. Among its main innovations, it is worth noting, the inclusion in the object of the Law, with a basic character, of the principles that inform the exercise of the legislative initiative and the regulatory authority of the Administrations. All the subjects covered by the Public Sector concept are provided for in this Law, although the Public Law Corporations will be governed by their specific regulations in the exercise of the public functions that they will have been attributed and supplemented by this Law.

addition, it highlights the provision that only by law can additional or different formalities be established for those covered by this rule, and certain specialties of the procedure referred to in the the identification of the competent bodies, deadlines, forms of initiation and termination, publication and reports to be collected. This provision does not affect the additional or different formalities already laid down in the special laws in force, nor the fact that, in regulatory rules, it has been produced by the competent bodies, the time limits for the specific procedure by reason of the matter, the forms of initiation and termination, the publication of the acts or the reports to be collected, which shall maintain its effects. Thus, among other cases, the validity of Annex 2 to which the additional twenty-ninth provision of Law 14/2000, of 29 December, of fiscal, administrative and social order measures, which establishes a series of procedures that are excepted from the general rule of positive administrative silence.

Title I, of those interested in the procedure, regulates among other issues, the specialties of the ability to act in the field of administrative law, making it extensive for the first time to the groups of affected, unions and entities without legal personality and independent or self-employed assets where the law expressly states that law. In terms of representation, new means are included to credit it in the exclusive area of Public Administrations, as are the "apud acta", in-person or electronic, or the accreditation of their registration in the registry electronic control of the Public Administration or Competent Body. Likewise, the obligation of each Public Administration to have an electronic registration of proxies is available, being able to the territorial administrations to adhere to that of the State, in application of the principle of efficiency, recognized in the Article 7 of the Organic Law 2/2012, of 27 April, of budgetary stability and financial sustainability.

On the other hand, this title devotes part of its article to one of the most important innovations of the Law: the separation between identification and electronic signature and the simplification of the means to credit one or the other, so that, In general, only the first is necessary, and the second shall be required where the wish and consent of the person concerned is to be credited. A minimum set of categories of means of identification and signature to be used by all administrations is established on a basic basis. In particular, they shall be accepted as signature systems: the recognised or qualified and advanced electronic signature systems based on qualified electronic signature electronic certificates, comprising both the electronic certificates of legal person such as those of an entity without legal personality; recognised or qualified electronic seal systems and advanced electronic seal systems based on qualified electronic seal certificates; as well as any other system which Public administrations consider valid, in terms and conditions which are establish. Any of the approved signature systems, as well as concerted key systems and any other systems established by the Public Administrations, shall be permitted as identification systems.

Both the identification and signature systems provided for in this Law are fully consistent with the provisions of Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on the Electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999 /93/EC. The obligation for Member States to admit electronic identification systems notified to the European Commission by the other Member States, as well as electronic signature and seal systems based on certificates, should be recalled. qualified electronic services issued by service providers appearing on the trusted lists of other Member States of the European Union, as provided for in that Community standard.

Title II, of the activity of the Public Administrations, is structured in two chapters. Chapter I on general rules of action identifies as novelty, subjects required to interact electronically with Public Administrations.

Likewise, the obligation of all Public Administrations to have a general electronic register, or, where appropriate, to adhere to that of the General Administration of the State, is available in this Chapter. These registers will be assisted in turn by the current network of registers, which will be referred to as register assistance offices, and which will enable the parties concerned, if they so wish, to present their paper requests, which will be converted to electronic format.

In the field of archives, the obligation of each public administration to maintain a single electronic file of documents corresponding to completed procedures, as well as the obligation to maintain a single electronic file, is introduced as a novelty. files are stored in a format that ensures the authenticity, integrity and preservation of the document.

In this respect, it should be noted that the creation of this unique electronic file will be compatible with the various systems and file networks in the terms provided for in the current legislation, and will respect the distribution of responsibilities for custody or transfer. Likewise, the unique electronic file will be compatible with the continuity of the National Historical Archive according to the provisions of Law 16/1985, of 25 June, of the Spanish Historical Heritage and its regulations of development.

Similarly, in Chapter I the validity and effectiveness of the copies are regulated, where the current regime is clarified and simplified and the necessary requirements are defined for a copy to be authentic, the characteristics that they must collect the documents issued by the public authorities in order to be considered valid, as well as the documents to be provided by the interested parties to the proceedings, establishing in general the obligation of the public authorities not to require documents already provided by the interested parties, drawn up by the administrations Public or original documents, except for the exceptions provided for in the Law. The data subject may, therefore, be able to present copies of documents in general, whether they are digitised by the person concerned or presented on paper.

Also, the obligation of the Public Administrations to have a register or other equivalent system that allows to leave the officials qualified for the realization of authentic copies, so that ensure that they have been properly issued, and in which, if it is decided to organise each administration, the officials involved in assisting those involved in the use of electronic means may also be included, there is an impediment to the recognition of both functions by the same official or only one of them.

Chapter II, of terms and deadlines, sets the rules for your computation, enlargement or emergency processing. The main novelty is the introduction of the computation of time periods and the declaration of Saturdays as non-working days, thus unifying the computation of deadlines in the judicial and administrative fields.

Title III, of the administrative acts, is structured in three chapters and focuses on the regulation of the requirements of administrative acts, their effectiveness and the rules on nullity and nullability, maintaining in their great majority of the general rules already laid down by Law 30/1992 of 26 November.

Special mention should be made of the new features of electronic notifications, which will be preferred and will be made at the electronic headquarters or in the unique enabled electronic address, as appropriate. In addition, the legal certainty of the interested parties is increased by establishing new measures to ensure that notifications are made available to the public: the sending of notification notices, provided that this is possible, to the electronic devices and/or the e-mail address that the data subject has communicated, as well as access to their notifications through the Electronic General Access Point of the Administration that will function as a portal of entry.

Title IV, of provisions on the common administrative procedure, is structured in seven chapters and among its main innovations highlights that the previous special procedures on sanctioning powers and The Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that This approach responds to one of the objectives pursued by this Law, the simplification of administrative procedures and their integration as specialties in the common administrative procedure, thereby contributing to increased security. legal. According to the systematic follow-up, the general principles of the sanctioning authority and the responsibility of the public authorities, as they concern more organic aspects than procedural ones, are regulated in the Law of Legal status of the Public Sector.

Also, this title incorporates into the phases of initiation, ordination, instruction and completion of the procedure the widespread and mandatory use of electronic means. Also, the regulation of the administrative file is incorporated by establishing its electronic format and the documents that must be integrated.

As a novelty within this title, a new Chapter relating to the simplified processing of the common administrative procedure is incorporated, where its scope of application is established, the maximum period of time of resolution It shall be thirty days and the formalities for which it shall be completed. If, in a procedure, any further processing is necessary, then the ordinary processing must be followed. Furthermore, where the issue of the opinion of the Council of State, or equivalent advisory body, is subject to a simplified procedure in a simplified procedure, the latter shall express an opinion contrary to the substance of the motion for a resolution. Greater guarantee of the interested parties will have to continue the procedure but following the ordinary procedure, not already the abbreviated one, being able in this case to carry out other procedures not foreseen in the case of the simplified processing, like the realization of evidence at the request of the interested parties. All this, without prejudice to the possibility of agreeing on the urgency of the procedure in the same terms as already provided for in Law 30/1992 of 26 November.

Title V, of the revision of the acts in administrative way, maintains the same routes as provided for in Law 30/1992, of November 26, thus remaining the review of trade and the typology of administrative resources to date (raised, restocking potestative and extraordinary review). However, it is important to note the possibility that when an administration has to resolve a plurality of administrative resources which would cause the same administrative act and a judicial remedy would have been brought against a administrative decision or against the corresponding alleged event, the administrative body may agree to suspend the time limit to be resolved until judicial decision is taken.

According to the will to abolish formalities that, far from constituting an advantage for the managed ones, assumed a burden that hindered the exercise of their rights, the Law does not already contemplate previous claims in civil and work, due to the limited practical usefulness they have shown to date and which, in this way, are suppressed.

Title VI, on the legislative initiative and legislative power of the Public Administrations, sets out the principles to be adjusted by the incumbent administration, making constitutional rights effective. in this scope.

Together with some improvements in the existing regulation on hierarchy, advertising of the rules and principles of good regulation, several new developments are included to increase the participation of citizens in the drawing up standards, including the need to obtain, prior to the drafting of the standard, the opinion of citizens and businesses on the problems to be solved with the initiative, the need and the opportunity of its approval, the objectives of the standard and the possible alternative regulatory solutions and non-regulatory.

On the other hand, for the sake of greater legal certainty, and the predictability of the system, we are committed to improving the ex ante regulatory planning. To this end, all the administrations will disclose an Annual Plan Normative in which all proposals with a range of law or regulations will be collected that will be elevated for approval the following year. At the same time, the ex-post evaluation is strengthened, since, together with the duty to continuously review the adaptation of the rules to the principles of good regulation, the obligation to regularly assess the application of the rules is required. rules in force, in order to verify whether they have met the objectives pursued and whether the cost and charges resulting from them were justified and adequately assessed.

With regard to the additional, transitional, repeal and final provisions, it is appropriate to refer to the accession by the Autonomous Communities and Local Entities to the registers and systems established by the the General Administration of the State in application of the principle of efficiency recognized in Organic Law 2/2012 of 27 April.

Also highlights the provision on specialties for the subject matter where a series of actions and procedures are established that will be governed by their specific regulations and supplanted by the provisions of this Law, Among those that are to be highlighted are the tax and customs tax and customs review, management, inspection, liquidation, collection, impeachment and review in the area of Social Security and Unemployment, where they are understood (a) including, inter alia, the acts of the framing and affiliation of social security and the economic contributions by redundancies affecting workers of fifty or more years in companies with profits, as well as the actions and procedures for penalties in the tax and customs matters, in the social order, in the field of traffic and road safety and in the field of foreign affairs.

Finally, the Law contains the provisions of transitional law applicable to the current procedures, to their entry into force, to files and registers and to the Electronic General Access Point, as well as those that enable the development of the provisions of the Law.

PRELIMINARY TITLE

General provisions

Article 1. Object of the Law.

1. The purpose of this Law is to regulate the validity and effectiveness of administrative acts, the administrative procedure common to all public administrations, including the sanctioning and the claim of responsibility for Public administrations, as well as the principles to which the exercise of legislative initiative and regulatory authority need to be adjusted.

2. Only by law, where it is effective, proportionate and necessary for the attainment of the own purposes of the procedure, and in a reasoned manner, may additional or different formalities be included in this Law. Regulations may be laid down in accordance with the procedure referred to by the competent bodies, specific time limits for the specific procedure for the matter, forms of initiation and termination, publication and reports to be obtained.

Article 2. Application subjective scope.

1. This Law applies to the public sector, which includes:

a) The General Administration of the State.

(b) The Administrations of the Autonomous Communities.

c) The Entities that integrate the Local Administration.

d) The institutional public sector.

2. The institutional public sector is integrated by:

(a) Cuestas public bodies and public law entities linked to or dependent on public administrations.

(b) Private law entities linked or dependent on public administrations, who will be subject to the provisions of this Law that specifically refer to them, and in any case, when they exercise administrative powers.

c) The public universities, which will be governed by their specific regulations and supplanted by the provisions of this Law.

3. The General Administration of the State, the Administrations of the Autonomous Communities, the Entities that make up the Local Administration, as well as the public bodies and entities of law, have the consideration of Public Administrations. (a) the public referred to in point (a) of paragraph 2 above.

4. Corporations governed by public law shall be governed by their specific rules in the exercise of public functions which have been assigned to them by law or delegated by a public administration, and which are in addition to this Law.

TITLE I

Of the stakeholders in the procedure

CHAPTER I

The ability to work and the concept of stakeholders

Article 3. Ability to work.

For the purposes of this Law, they will have the capacity to work with the Public Administrations:

(a) Natural or legal persons who have the capacity to act in accordance with civil law.

b) minors for the exercise and defense of those of their rights and interests whose performance is permitted by the legal system without the assistance of the person exercising the parental authority, guardianship or curatela. The case of disabled minors is excepted, where the extent of the incapacitation affects the exercise and defence of the rights or interests involved.

(c) Where the Act so expressly states, the groups concerned, the unions and entities without legal personality and the independent or self-employed assets.

Article 4. Concept of stakeholder.

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

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

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

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

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

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

Article 5. Representation.

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

2. Natural persons with the capacity to act and legal persons, provided that this is provided for in their Statute, may act on behalf of others before the General Administration.

3. In order to make applications, present responsible statements or communications, file appeals, desist of actions and waive rights on behalf of another person, the representation must be credited. The representation shall be presumed for the acts and procedures of the procedure.

4. The representation may be credited by any means valid in law which would be reliable in its existence.

For these purposes, the representation made by proxy has been deemed to be accredited by means of a personal appearance or electronic appearance in the corresponding electronic headquarters, or through the accreditation of their registration in the electronic register of proxies of the competent Public Administration.

5. The body responsible for dealing with the procedure shall have to incorporate the administrative file accreditation of the status of representative and of the powers which it has recognised at the time. The electronic document certifying the outcome of the consultation to the appropriate electronic proxy register shall have the status of accreditation for such purposes.

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

7. Public Administrations may, in general or in general, enable natural or legal persons authorised to carry out certain electronic transactions on behalf of the persons concerned. Such rating shall specify the conditions and obligations to which the conditions of representation are committed, and shall determine the presumption of validity of the representation unless the rules of application provide for something else. Public Administrations may require, at any time, the accreditation of such representation. However, the person concerned may always appear in the proceedings.

Article 6. Electronic records of proxies.

1. The General Administration of the State, the Autonomous Communities and the Local Entities shall have a general electronic register of proxies, in which they must register at least those of a general nature granted in accordance with the minutes, in person or in person. electronically, for whom it has the status of interested in an administrative procedure in favour of a representative, in order to act on behalf of the public authorities. It shall also contain the sufficient power.

At the state level, this record will be the Electronic Record of Power of the General Administration of the State.

General proxy records shall not prevent the existence of particular records in each Body where the powers granted for the completion of specific formalities are entered into. Each Agency may have its own electronic registration of proxies.

2. The general and particular electronic records of proxies belonging to each and every one of the Administrations must be fully interoperable with each other, so as to ensure their interconnection, IT compatibility, as the telematic transmission of requests, writings and communications that are incorporated into them.

The general and particular electronic records of proxies will allow the representation of those who act before the Public Administrations on behalf of a third party to be validly checked, through the consultation of others similar administrative records, to the business register, to the property, and to the notarial protocols.

The business registers, the property, and the notarial protocols will be interoperable with the general and particular electronic records of proxies.

3. The seats to be held in the general and particular electronic records of proxies shall contain at least the following information:

(a) Name and surname or the name or social name, national identity document, tax identification number or equivalent document of the power-holder.

b) First and last name or name or social name, national identity document, tax identification number or equivalent document of the proxy.

c) Enrollment date.

d) Period of time by which power is granted.

e) Type of power according to the faculties you grant.

4. The powers to be entered in the general and particular electronic records of proxies shall correspond to one of the following typologies:

a) A general power so that the proxy can act in the name of the power in any administrative action and before any Administration.

b) A power to enable the proxy to act on behalf of the power in any administrative action before a particular Administration or Body.

c) A power so that the proxy can act on behalf of the power-holder only for the realization of certain specified formalities in the power.

For these purposes, the Ministry of Finance and Public Administrations will approve, on a basic basis, the models of the registration of powers in the registry, distinguishing if they allow the action before all the Administrations in accordance with the provisions of point (a) above, before the General Administration of the State or the Local Entities.

Each Autonomous Community shall approve the models of the registration powers when it is circumscribed to actions before its respective Administration.

5. The proxy "apud acta" will be awarded by electronic appearance in the corresponding electronic seat making use of the electronic signature systems provided for in this Law, or by personal appearance in the offices of records assistance.

6. The powers entered in the register shall be valid for a maximum of five years from the date of registration. In any event, at any time before the end of that period, the authority may revoke or extend the power. Any period of grace granted by the Member State to the register shall be valid for a maximum of five years from the date of registration.

7. Applications for the registration of the power, revocation, extension or withdrawal of the same may be applied to any registration, and this circumstance must be registered in the register of the Administration or the Agency with which the power and its effects from the date on which such an entry occurs.

Article 7. Plurality of stakeholders.

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

Article 8. New stakeholders in the procedure.

If during the instruction of a procedure that has not been advertised, the existence of persons who are holders of legitimate and direct rights or interests whose identification results from the file and that they can the processing of the procedure shall be communicated to the persons concerned by the decision to be taken.

CHAPTER II

Identifying and signing stakeholders in the administrative procedure

Article 9. Systems for identifying those interested in the procedure.

1. Public Administrations are obliged to verify the identity of the persons concerned in the administrative procedure, by checking their name and surname or social name or name, as appropriate, which are contained in the document National Identity or equivalent identification document.

2. Interested parties may electronically identify themselves with the Public Administrations through any system that has a prior registration as a user to guarantee their identity. In particular, they will be supported, the following systems:

(a) Systems based on recognised or qualified electronic signatures of electronic signatures issued by providers included in the "Trusted List of Certification Service Providers". For these purposes, the following are understood to be recognised or qualified electronic certificates of legal persons and entities without legal personality.

(b) Systems based on recognised or qualified electronic seal certificates issued by providers included in the "Trusted list of certification service providers".

c) Concerted key systems and any other system that the Public Administrations consider valid, in terms and conditions to be established.

Each Public Administration may determine whether it only supports any of these systems for carrying out certain formalities or procedures, although the admission of any of the identification systems provided for in point (c) agree to the admission of all those provided for in points (a) and (b) above for that procedure or procedure.

3. In any event, the acceptance of any of these systems by the General Administration of the State will serve to prove in front of all the Public Administrations, unless proof to the contrary, the electronic identification of those interested in the administrative procedure.

Article 10. Signature systems supported by Public Administrations.

1. Interested parties may sign through any means that permits the authenticity of the expression of their will and consent, as well as the integrity and unalterability of the document.

2. In the event that the interested parties choose to relate to the Public Administrations through electronic means, they shall be considered valid for signature purposes:

(a) recognised or qualified and advanced electronic signature systems based on recognised or qualified electronic signatures of electronic signatures issued by providers included in the "Trusted List of Service Providers" certification services. " For these purposes, the following are understood to be recognised or qualified electronic certificates of legal persons and entities without legal personality.

b) Recognised or qualified electronic seal systems and advanced electronic seal systems based on recognised or qualified electronic seal certificates included in the "Trusted List of Service Providers" certification services ".

c) Any other system that the Public Administrations consider valid, in terms and conditions to be established.

Each Public Administration, Body or Entity may determine whether it only supports some of these systems to perform certain procedures or procedures in its field of competence.

3. Where the applicable regulatory rules expressly provide for this, the Public Administrations may accept the identification systems referred to in this Law as a signature system where they permit the authenticity of the expression of the willingness and consent of the stakeholders.

4. Where the parties concerned use a system of signature as provided for in this Article, their identity shall be deemed to have been established by the signature act itself.

Article 11. Use of means of identification and signature in the administrative procedure.

1. In general, in order to carry out any action provided for in the administrative procedure, it will be sufficient for the persons concerned to establish their identity in advance through any of the means of identification provided for in the Law.

2. Public Administrations will require only those who are interested in the mandatory use of signature to:

a) Formulate requests.

b) Submit responsible statements or communications.

c) Interpose resources.

d) Disissue of actions.

e) Waiving rights.

Article 12. Assistance in the use of electronic means for stakeholders.

1. Public administrations should ensure that stakeholders can interact with the Administration through electronic means, which will make available the necessary access channels as well as the systems and applications that will be determined in each case.

2. The public authorities shall assist in the use of electronic means for the persons concerned not covered by Article 14 (2) and (3) on request, in particular with regard to the electronic identification and signature, requests through the general electronic record and obtaining authentic copies.

Also, if any of these parties do not have the necessary electronic means, their identification or electronic signature in the administrative procedure may be validly performed by a public official through the use of the electronic signature system for which it is provided. In this case, it will be necessary for the person concerned who lacks the necessary electronic means to identify himself to the official and to give his express consent for this action, which must be recorded for the cases of discrepancy. or litigation.

3. The General Administration of the State, the Autonomous Communities and the Local Entities shall keep up to date a register, or other equivalent system, where officials shall be established for the identification or signature of this article. These registers or systems shall be fully interoperable and shall be interconnected with those of the other Public Administrations, for the purpose of verifying the validity of such ratings.

In this registry or equivalent system, at least, officials providing services in the records assistance offices shall be established.

TITLE II

From the activity of Public Administrations

CHAPTER I

General Rules of Action

Article 13. Rights of persons in their relations with the Public Administrations.

Those who, in accordance with Article 3, have the capacity to work with the Public Administrations, are the holders of the following rights in their relations with them:

a) To communicate with Public Administrations through an Electronic General Access Point of Administration.

b) To be assisted in the use of electronic means in their relations with Public Administrations.

c) To use the official languages in the territory of your Autonomous Community, as provided for in this Law and in the rest of the legal order.

d) Access to public information, records and records, as provided for in Law 19/2013, of December 9, of transparency, access to public information and good governance, and the rest of the Legal Order.

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

f) To demand the responsibilities of the Public Administrations and authorities, where this is legally applicable.

g) To obtain and use the means of electronic identification and signature referred to in this Law.

h) To the protection of personal data, and in particular to the security and confidentiality of the data contained in the files, systems and applications of the Public Administrations.

i) Whatever others recognize the Constitution and the laws.

These rights are without prejudice to those recognised in Article 53 relating to those interested in the administrative procedure.

Article 14. Right and obligation to interact electronically with Public Administrations.

1. Natural persons may choose at all times if they communicate with the Public Administrations for the exercise of their rights and obligations through electronic means or not, unless they are obliged to relate through means of means Public administrations. The means chosen by the person to communicate with the Public Administrations may be modified at any time.

2. In any case, they shall be obliged to relate by electronic means to the Public Administrations for the performance of any processing of an administrative procedure, at least, the following subjects:

a) Legal persons.

b) Entities without legal personality.

(c) Those who carry out a professional activity for which compulsory tuition is required, for the formalities and actions they carry out with the Public Administrations in pursuit of such professional activity. In any case, within this collective it will be understood to include the notaries and registrars of the property and mercantiles.

d) Those who represent an individual who is required to interact electronically with the Administration.

e) Employees of the Public Administrations for the formalities and actions they perform with them on the basis of their status as a public employee, in the manner in which they are determined by each Administration.

3. The authorities may, as a rule, lay down the obligation to relate to them by electronic means for certain procedures and for certain groups of natural persons who, by reason of their economic capacity, technical, professional or other reasons are accredited that have access to and availability of the necessary electronic means.

Article 15. Language of the proceedings.

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

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

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

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

Article 16. Records.

1. Each Administration shall have a General Electronic Register, in which the corresponding seat of any document that is presented or received in any administrative body, Public Body or Entity linked or dependent to the these. They may also be recorded in the same, the departure of the official documents addressed to other bodies or individuals.

Public bodies linked to or dependent on each Administration may have their own fully interoperable electronic register and are interconnected with the General Electronic Registry of the Administration of which depends.

The General Electronic Record of each Administration will function as a portal that will facilitate access to the electronic records of each Agency. Both the General Electronic Register of each Administration and the electronic records of each Agency shall comply with the security and safety measures provided for in the legislation on the protection of personal data.

The provisions for the creation of electronic records shall be published in the relevant official journal and their full text shall be available for consultation at the electronic register of access to the register. In any event, the provisions for the creation of electronic records shall specify the organ or unit responsible for its management, as well as the official date and time and the days declared as being indefable.

In the electronic seat of access to each record, the updated relationship of procedures that can be initiated in the register will be included.

2. The seats shall be recorded in accordance with the temporary order of receipt or departure of the documents and shall indicate the date of the day on which they are produced. After the registration procedure is completed, the documents shall be submitted without delay to the addressees and the corresponding administrative units from the register in which they were received.

3. The electronic record of each Administration or Agency shall ensure the constancy, in each seat which is practised, of a number, the expression of its nature, the date and time of its presentation, the identification of the person concerned, the body the sender, if applicable, and the person or administrative body to which it is sent, and, where appropriate, reference to the content of the document being registered. To this end, a receipt consisting of an authenticated copy of the document concerned, including the date and time of filing and the registration entry number, as well as an accreditable receipt of other documents, shall be issued automatically. his case, accompany him, ensure integrity and do not repudiate them.

4. Documents which are addressed to the bodies of public administrations may be submitted by:

(a) In the electronic register of the Administration or Agency to which they are addressed, as well as in the other electronic records of any of the subjects referred to in Article 2.1.

b) In the post offices, in the form that is regulated by law.

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

d) In the records assistance offices.

e) In any other that establish the existing provisions.

The electronic records of each and every Administrations must be fully interoperable in order to ensure their computer compatibility and interconnection, as well as the telematic transmission of the seats. records and documents that are presented in any of the records.

5. Documents submitted in person to the public authorities shall be digitised, in accordance with the provisions of Article 27 and other applicable rules, by the office of assistance in the field of records in which they have been submitted for incorporation into the electronic administrative file, returning the originals to the data subject, without prejudice to those cases where the rule determines the custody by the Administration of the documents presented or the presentation of objects or documents on a specific support is not required capable of scanning.

Reglamentarily, the Administrations may establish the obligation to present certain documents by electronic means for certain procedures and collectives of natural persons who, by reason of their capacity economic, technical, professional dedication or other reasons are accredited that have access to and availability of the necessary electronic means.

6. They may be made effective by means of a transfer to the public office concerned of any quantities to be met at the time of the submission of documents to the public authorities, without prejudice to the possibility of of your credit by other means.

7. Public administrations shall make public and keep up to date a list of the offices in which assistance shall be provided for the electronic submission of documents.

8. Documents and information whose special arrangements provide for another form of presentation shall not be presented in the register.

Article 17. Document file.

1. Each Administration shall maintain a single electronic file of electronic documents that correspond to completed procedures, in the terms set out in the applicable regulatory regulations.

2. Electronic documents shall be kept in a format that ensures the authenticity, integrity and preservation of the document, as well as their consultation regardless of the time since issue. In any case, the possibility of transferring data to other formats and supports that guarantee access from different applications will be ensured. The removal of such documents shall be authorised in accordance with the provisions of the applicable rules.

3. The means or media in which documents are stored must be provided with security measures, in accordance with the provisions of the National Security Scheme, which guarantee the integrity, authenticity, confidentiality, quality, protection and storage of stored documents. In particular, they shall ensure the identification of users and access control, as well as compliance with the guarantees provided for in data protection legislation.

Article 18. Collaboration of people.

1. Persons shall cooperate with the Administration in the terms provided for in the Law which, in each case, is applicable, and in the absence of express provision, shall provide the Administration with the reports, inspections and other investigative acts that they require. for the exercise of their powers, unless the disclosure of the information requested by the Administration against the honour, personal or family privacy or the disclosure of confidential data of third parties of the persons concerned knowledge of the provision of professional diagnosis, counselling or defence, without prejudice to the provisions of the legislation on money laundering and the financing of terrorist activities.

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

3. Where the inspections require entry at the address of the affected person or in the other places requiring the authorisation of the holder, the provisions of Article 100 shall apply.

Article 19. People's appearance.

1. The appearance of the persons before the public offices, either in person or by electronic means, shall be obligatory only when this is provided for in a rule with a law range.

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

3. The Public Administrations shall provide the person concerned with accreditative certification of the appearance upon request.

Article 20. Responsibility for processing.

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

2. The persons concerned may request the public administration to require this responsibility to be dependent on the staff concerned.

Article 21. Obligation to resolve.

1. The Administration is obliged to issue express resolution and to notify it in all procedures whatever its form of initiation.

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

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

2. The maximum period for the notification of the express resolution shall be that set by the regulatory standard of the relevant procedure.

This time limit may not exceed six months unless a rule with a range of law establishes a higher standard or is provided for in European Union law.

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

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

(b) In the initiates at the request of the data subject, from the date on which the application has entered the electronic register of the Administration or the Agency responsible for processing.

4. Public administrations should publish and keep up-to-date on the web portal, for information purposes, the relations of procedures of their competence, with an indication of the maximum time limits of their duration, as well as of the effects that produce the administrative silence.

In any event, the Public Administrations shall inform the parties concerned of the maximum time limit laid down for the resolution of the proceedings and for the notification of the acts which they have terminated, as well as of the effects which can produce the administrative silence. This indication shall be included in the notification or publication of the trade initiation agreement or in the communication which shall be addressed to the person concerned within 10 days of receipt of the application initiating the procedure in question. the electronic register of the Administration or the Agency responsible for processing. In the latter case, the communication shall also indicate the date on which the request has been received by the competent body.

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

6. The staff at the service of the Public Administrations who are in charge of the office of the cases, as well as the holders of the administrative bodies competent to instruct and resolve are directly responsible, in the field of their powers of compliance with the legal obligation to issue express resolution in time.

Failure to comply with this obligation shall result in the requirement of disciplinary responsibility, without prejudice to the requirement of disciplinary responsibility.

Article 22. Suspension of the maximum term to resolve.

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

(a) Where any data subject is required to address deficiencies or the provision of documents and other necessary elements of judgment, for the duration of the notification of the requirement and its cash compliance by the addressee, or, failing that, by that of the period granted, all without prejudice to the provisions of Article 68 of this Law.

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

(c) Where there is a procedure not completed within the European Union which directly conditions the content of the resolution concerned, since the existence of such a decision has been recorded, it shall be communicated to the the stakeholders, until it is resolved, which will also need to be notified.

(d) Where mandatory reports are requested from an organ of the same or different Administration, for the time that it mediates between the request, which shall be communicated to the data subjects, and the receipt of the report, which shall also be communicated to them. This period of suspension shall in no case exceed three months. If the report is not received within the deadline, the procedure will be continued.

(e) Where conflicting or conflicting technical evidence or analyses are to be carried out, for the time required for the incorporation of the results into the dossier.

f) When negotiations are initiated with a view to concluding a pact or agreement in the terms provided for in Article 86 of this Law, from the formal declaration in this respect and to the conclusion without effect, where appropriate, of the referred to in the negotiations, which shall be established by a declaration made by the Administration or by the parties concerned.

(g) Where, for the purpose of the decision of the procedure, it is essential to obtain a preliminary ruling by a court of law, from the time it is requested, which must be communicated to the persons concerned, until the Administration is aware of the same, which must also be communicated to them.

2. The legal maximum period for resolving a procedure and notifying the resolution shall be suspended in the following cases:

(a) Where a Public Administration requires another to annul or revise an act which it understands is illegal and which constitutes the basis for which the first State has to issue in the field of its powers, in the case where it is refers to Article 39 (5) of this Law, from the time the requirement is made until it is served or, where appropriate, the action brought before the administrative contentious jurisdiction is resolved. It shall be communicated to the persons concerned either the fulfilment of the requirement or their compliance or, where appropriate, the decision of the relevant administrative-administrative appeal.

(b) Where the body responsible for the decision decides to take action in addition to those provided for in Article 87, from the moment the parties concerned have been notified of the reasoned agreement at the beginning of the proceedings. until its termination occurs.

c) When interested parties promote recusal at any time during the processing of a procedure, from the time it is raised until it is resolved by the superior of the recusal.

Article 23. Extending the maximum term to resolve and notify.

1. Exceptionally, where the personal and material resources referred to in Article 21 (5) have been exhausted, the body responsible for resolving, where appropriate, a proposal from the instructor or the superior of the The competent authority may decide in a reasoned manner on the extension of the maximum time limit for resolution and notification, and may not be higher than that laid down for the processing of the procedure.

2. No recourse shall be made to the agreement which resolves the extension of time limits, which must be notified to the parties concerned.

Article 24. Administrative silence in proceedings initiated at the request of the data subject.

1. In the proceedings initiated at the request of the party concerned, without prejudice to the decision to be taken by the Administration in the manner provided for in paragraph 3 of this Article, the expiry of the maximum period without having been notified express, legitimate to the person concerned or interested to understand it by administrative silence, except in cases where a rule with a law or a rule of law of the European Union or of international law applicable in Spain set the opposite. Where the procedure has as its object the access to or pursuit of activities, the law which provides for the unestimatory character of the silence shall be based on the concurrence of overriding reasons of general interest.

The silence shall have an adverse effect on the procedures relating to the exercise of the right of petition, as referred to in Article 29 of the Constitution, those whose estimation would result in the transfer of the applicant or third-party faculties relating to the public domain or to the public service, involve the exercise of activities which may damage the environment and the procedures for the ownership of public administrations.

The sense of silence will also be dismissed in the proceedings of the impeachment of acts and provisions and in those of the review of trade initiated at the request of the interested parties. However, where the appeal has been brought against the administrative silence of an application for the duration of the period, it shall be deemed to be the same if, at the time of the decision, the administrative body competent not to dictate and notify express resolution, provided that it does not relate to the matters listed in the preceding paragraph of this paragraph.

2. The estimate by administrative silence has for all effects the consideration of the administrative act finisher of the procedure. Dismissal by administrative silence has the sole effect of allowing the interested parties to take over the administrative or administrative appeal that is appropriate.

3. The obligation to issue an express decision referred to in Article 21 (1) shall be subject to the following system:

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

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

4. Administrative acts produced by administrative silence may be enforced both before the Administration and any natural or legal person, public or private. They produce effects from the expiry of the maximum period in which the express resolution is to be issued and notified without the resolution being issued, and its existence may be accredited by any means of evidence admitted in law, including the certificate of the silence produced. This certificate shall be issued on its own initiative by the competent body to resolve within 15 days after the expiry of the maximum period for the resolution of the procedure. Without prejudice to the foregoing, the data subject may request it at any time, with the time indicated above from the day following the day on which the request has entered the electronic register of the Administration or the Agency. competent to resolve.

Article 25. Lack of resolution expresses in proceedings initiated ex officio.

1. In the case of proceedings initiated on its own initiative, the expiry of the maximum period laid down without the express judgment being given and notified does not exempt the Administration from the legal obligation to resolve, producing the following effects:

(a) In the case of procedures for which the recognition or, where appropriate, the constitution of rights or other favourable legal situations may be derived, the persons concerned who have appeared may understand their claims for administrative silence.

(b) In the procedures in which the Administration exercises sanctioning powers or, in general, intervention, which are liable to produce adverse effects or taxation, the expiry shall be produced. In such cases, the decision declaring the expiry shall order the file of the proceedings, with the effects provided for in Article 95.

2. In cases where the proceedings have been brought to a standstill for cause attributable to the data subject, the time limit for resolving and notifying the decision shall be interrupted.

Article 26. Issuance of documents by Public Administrations.

1. It is understood by public administrative documents which are validly issued by the public authorities. Public administrations shall issue administrative documents in writing, through electronic means, unless their nature requires another more appropriate form of expression and constancy.

2. To be considered valid, the administrative electronic documents must:

a) Contain information of any nature archived in an electronic medium according to a particular format capable of distinct identification and treatment.

(b) Dispose of the identification data that allow for their individualization, without prejudice to their possible incorporation into an electronic file.

c) Incorporate a time reference of the time they have been issued.

d) Incorporate the required minimum metadata.

e) Incorporate electronic signatures that correspond to the provisions of the applicable regulations.

Electronic documents, meeting these requirements, will be considered valid, be transferred to a third party via electronic means.

3. They shall not require electronic signatures, electronic documents issued by public authorities which are published for information purposes only, as well as those which 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 copies made by public administrations.

1. Each Public Administration shall determine the bodies responsible for issuing authentic copies of public administrative or private documents.

Authentic copies of private documents only have administrative effects. Authentic copies made by a Public Administration shall be valid for the other Administrations.

For these purposes, the General Administration of the State, the Autonomous Communities and the Local Entities may make authentic copies by means of an authorized official or by automated administrative action.

A register, or equivalent system, shall be kept up to date, where officials shall be established for the issue of authentic copies which shall be fully interoperable and shall be interconnected with those of the other Public Administrations, for the purpose of verifying the validity of the said rating. In this register or equivalent system, at least the officials who provide services in the register assistance offices shall be established.

2. They shall be considered as authentic copies of an administrative or private public document, whatever their support, by the competent bodies of the public authorities in which the identity of the body is guaranteed. that you have made the copy and its contents.

The authentic copies will have the same validity and effectiveness as the original documents.

3. In order to ensure the identity and content of electronic or paper copies, and therefore their nature of authentic copies, the Public Administrations must comply with the provisions of the National Interoperability Scheme, the National Scheme of Security and its technical standards of development, as well as the following rules:

(a) The electronic copies of an original electronic document or an authentic electronic copy, with or without change of format, shall include the metadata that accredits their copy condition and which are displayed when viewing the document.

(b) Electronic copies of paper-based documents or other non-electronic support capable of digitisation will require the document to have been digitised and must include the metadata that establishes its status as a copy and display when querying the document.

It is understood by digitalization, the technological process that allows to convert a document to paper or other non-electronic support in an electronic file that contains the encoded image, faithful and integral of the document.

(c) The paper copies of electronic documents shall require that they contain the copy condition and contain an electronically generated code or other verification system, which shall allow for the verification of the authenticity of the copy by means of access to the electronic files of the issuing public body or body.

(d) The paper copies of original documents issued on that support shall be provided by an authentic copy of the electronic document which is in the hands of the Administration or by means of an electronic copy. electronic manifest containing authentic copy of the original document.

For these purposes, the Administrations shall make public, through the appropriate electronic headquarters, the secure codes of verification or other verification system used.

4. Interested parties may, at any time, request the issue of authentic copies of the administrative public documents which have been validly issued by the public authorities. The application shall be addressed to the body which issued the original document, and shall be issued, except for derogations arising from the application of Law 19/2013 of 9 December, within 15 days of receipt of the application in the electronic registration of the competent authority or body.

Also, Public Administrations will be required to issue authentic electronic copies of any paper documents submitted by the interested parties and to be incorporated into an administrative file.

5. Where public administrations issue electronic copies, they shall be expressly indicated in the copy document.

6. The issuing of authentic copies of notarial, registral and judicial documents, as well as official journals, shall be governed by their specific legislation.

Article 28. Documents submitted by the interested parties to the administrative procedure.

1. The data and documents required by the Public Administrations must be provided by the interested parties to the administrative procedure in accordance with the provisions of the applicable legislation. Interested parties may also provide any other document they deem appropriate.

2. The persons concerned shall not be required to provide documents which have been drawn up by any administration, irrespective of whether the presentation of the documents is of a mandatory or optional nature in the procedure for which they are in question, provided that the person concerned has expressed his consent to the consultation or collection of such documents. It shall be presumed that the consultation or procurement is authorized by the data subjects unless the express opposition or the applicable special law requires express consent.

In the absence of any opposition from the data subject, the Public Administrations must collect the documents electronically through their corporate networks or through consultation with the data brokering platforms or other systems. electronic enabled for effect.

In the case of mandatory reports already drawn up by a different administrative body to which the procedure is dealt with, they must be referred within 10 days of their application. If this deadline is met, the person concerned shall be informed that he/she can provide this report or wait for referral by the competent body.

3. Administrations shall not require interested parties to submit original documents, unless, on an exceptional basis, the applicable regulatory rules provide otherwise.

Also, the Public Administrations shall not require data subjects or documents not required by the applicable regulatory regulations or have previously been provided by the data subject to any Administration. For these purposes, the person concerned must indicate at what time and before which administrative body the documents were presented, and the public authorities must obtain them electronically through their corporate networks or from a consultation of the public authorities. data brokering platforms or other electronic systems enabled for this purpose. It is presumed that this consultation is authorized by the interested parties, except that the express opposition or the special law applicable requires express consent, and in both cases must be informed in advance of their rights. in the field of personal data protection. Exceptionally, if the public authorities are unable to collect the documents, they may request their input again.

4. Where, by way of exception, and in accordance with the provisions of this Law, the Administration shall ask the person concerned to submit an original document and that document is in paper form, the person concerned shall obtain an authentic copy, according to the requirements laid down in Article 27, with a prior nature to their electronic submission. The resulting electronic copy will expressly reflect this circumstance.

5. Exceptionally, where the relevance of the document in the proceedings so requires or there are doubts as to the quality of the copy, the Administrations may request, in a reasoned manner, the collation of the copies provided by the person concerned, which may require the display of the original document or information.

6. The copies provided by the interested parties to the administrative procedure shall be effective, exclusively in the field of public administration activity.

7. The persons concerned shall be responsible for the accuracy of the documents they submit.

CHAPTER II

Terms and Time

Article 29. Enforcement of terms and deadlines.

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

Article 30. Computation of deadlines.

1. Unless otherwise provided by law or by law of the European Union, where the time limits are stated for hours, it is understood that they are working. They are all working hours of the day that are part of a business day.

The time-limits expressed for hours shall be counted from hour to hour and minute by minute from the hour and minute in which the notification or publication of the act concerned takes place and shall not be longer than 24 hours. hours, in which case they will be expressed in days.

2. Provided that by law or by the law of the European Union no other computation is expressed, when the time limits are indicated by days, it is understood that these are business, excluding from the computation on Saturdays, Sundays and public holidays.

When the time limits have been indicated by calendar days for declaring such a law or the law of the European Union, this circumstance shall be recorded in the corresponding notifications.

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

4. If the period is fixed in months or years, the period shall be calculated from the day following the day on which the notification or publication of the act concerned takes place, or from the day following the date on which the estimate or rejection is made. administrative silence.

The deadline will end on the same day that the notification, publication or administrative silence occurred in the month or year of expiration. If in the month of expiration there is no day equivalent to the one in which the computation begins, the term expires on the last day of the month.

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

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

7. The General Administration of the State and the Administrations of the Autonomous Communities, subject to the official calendar of work, shall, in their respective field, set the calendar of non-working days for the purposes of time limits. The calendar approved by the Autonomous Communities shall comprise the working days of the Local Entities corresponding to their territorial scope, to which it shall apply.

This calendar should be published before the beginning of each year in the appropriate official journal, as well as other means of dissemination that ensure their widespread knowledge.

8. The declaration of a day as a working or an indeft for the purposes of calculating time limits does not in itself determine the operation of the work centres of the general government, the organisation of working time or the working time arrangements and schedules of the same.

Article 31. Computation of deadlines in the records.

1. Each Public Administration shall publish the days and the timetable in which the offices providing assistance for the electronic submission of documents shall remain open, ensuring the right of the persons concerned to be assisted in the use of electronic means.

2. The electronic record of each Administration or Agency shall be governed for the purposes of calculating the time limits, by the official date and time of the electronic seat of access, which shall have the necessary security measures to ensure its integrity. and appear accessible and visible.

The operation of the electronic record will be governed by the following rules:

a) You will allow documents to be presented every day of the year for twenty-four hours.

(b) For the purposes of the term calculation set out in business days, and in respect of the compliance with the time limits by the persons concerned, the presentation on an indeft day shall be understood as being carried out within the first working day of the first working day (a) unless a rule expressly permits the receipt on a non-working day.

The documents will be considered as submitted by the effective time order in which they were on the indeft day. The documents submitted on the working day shall be deemed to have been earlier, in the same order, to those which were the first working day thereafter.

(c) The beginning of the calculation of the deadlines to be met by the Public Administrations shall be determined by the date and time of filing in the electronic register of each Administration or Agency. In any case, the effective date and time of the start of the time limit shall be communicated to the person who presented the document.

3. The electronic seat of the register of each public administration or body shall determine, on the basis of the territorial scope in which it exercises its powers, the holder of that office and the timetable provided for in Article 30.7, the days to be considered indeft to the effects provided for in this Article. This shall be the only calendar of business days to be applied for the purpose of calculating time limits in electronic records, without the provisions of Article 30.6 being applied to them.

Article 32. Extension.

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

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

3. Both the request of the parties concerned and the decision on enlargement must in any event be taken before the expiry of the period in question. In no case may an extension be extended by an expired period. Agreements on the extension of time limits or on their refusal shall not be subject to appeal, without prejudice to the decision to terminate the proceedings.

4. Where a technical incident has made it impossible for the system or application to function properly, and until the problem is solved, the Administration may determine an extension of the non-expired time-limits, in the electronic headquarters both the technical impact and the concrete extension of the period not expired.

Article 33. Emergency processing.

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

2. No appeal shall be brought against the agreement declaring the application of the urgency procedure to the proceedings, without prejudice to the decision to terminate the proceedings.

TITLE III

Of the administrative acts

CHAPTER I

Requirements for administrative acts

Article 34. Production and content.

1. The administrative acts which the public authorities dictate, either on their own initiative or at the request of the person concerned, shall be produced by the competent body in accordance with the requirements and the procedure laid down.

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

Article 35. Motivation.

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

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

(b) Acts which resolve procedures for the review of the trade in administrative provisions or acts, administrative appeals and arbitration proceedings and those declaring their inadmissibility.

(c) Acts that separate from the criterion followed in previous actions or from the opinion of consultative bodies.

(d) the agreements for the suspension of acts, whatever the reason for the suspension, as well as the adoption of provisional measures provided for in Article 56.

e) Agreements for the implementation of the urgent procedure, the extension of time limits and the implementation of complementary actions.

f) Acts that reject evidence proposed by stakeholders.

g) Acts that agree to terminate the proceedings for the material impossibility of continuing it for oversold causes, as well as those who agree to the withdrawal by the Administration in proceedings initiated on its own initiative.

(h) The motions for resolutions in the proceedings of a sanctioning nature, as well as the acts that resolve proceedings of a sanctioning or patrimonial liability.

(i) Acts that are issued in the exercise of discretionary powers, as well as those that must be exercised by virtue of express legal or regulatory provision.

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

Article 36. Form.

1. Administrative acts shall be produced in writing through electronic means, unless their nature requires another more appropriate form of expression and constancy.

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

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

CHAPTER II

Effectiveness of Acts

Article 37. Singular indispensability.

1. Administrative decisions of a particular nature may not infringe the provisions of a general provision, even if they come from an organ of the same or higher hierarchy to which the general provision has been issued.

2. Administrative decisions which infringe the provisions of a regulatory provision are null and void, as well as those which incur any of the causes referred to in Article 47.

Article 38. Enforceability.

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

Article 39. Effects.

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

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

3. By way of exception, retroactive effect may be given to acts where they are replaced by cancelled acts, as well as when they produce effects favourable to the person concerned, provided that the necessary factual circumstances already exist the effectiveness of the act is rolled back and it does not injure other people's legitimate rights or interests.

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

5. Where a Public Administration has to issue, within the scope of its powers, an act which is necessarily on the basis of another act dictated by a different Public Administration and which it understands to be unlawful, it may require the latter to to annul or revise the act in accordance with the provisions of Article 44 of Law 29/1998 of July 13, regulating the Jurisdiction-Administrative Jurisdiction, and, if the order is rejected, it may institute a judicial-administrative appeal. In these cases, the procedure for issuing resolution will be suspended.

Article 40. Notification.

1. The body issuing the resolutions and administrative acts shall notify those concerned whose rights and interests are affected by those concerned, in accordance with the terms laid down in the following Articles.

2. Any notification shall be made within 10 days of the date on which the act has been delivered and shall contain the full text of the decision, indicating whether or not it ends the administrative route, the expression of the remedies which, where appropriate, are in administrative and judicial form, the body before which they are to be lodged and the time limit for bringing them together, without prejudice to the possibility of the persons concerned being able to exercise, where appropriate, any other person who considers appropriate.

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

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

5. Public Administrations may take such measures as they deem necessary for the protection of personal data contained in decisions and administrative acts, where they are addressed to more than one person concerned.

Article 41. General conditions for the practice of notifications.

1. Notifications shall preferably be made by electronic means and, in any case, where the person concerned is obliged to receive them in this way.

However, the Administrations may practice notifications by non-electronic means in the following cases:

(a) When the notification is made on the occasion of the spontaneous appearance of the person concerned or his representative at the registration assistance offices and requests the communication or personal notification in that case time.

(b) Where to ensure the effectiveness of administrative action it is necessary to practice the direct delivery notification of a public employee of the notifying authority.

Regardless of the means used, the notifications shall be valid provided that they permit a record of their sending or making available, of the reception or access by the person concerned or his representative, of their dates and times, of the entire content, and of the identity of the sender and the recipient of the same. The accreditation of the notification made shall be incorporated into the file.

Interested parties who are not required to receive electronic notifications may decide and communicate at any time to the Public Administration, by means of the standard models to be established for this purpose, that the Successive notifications are practiced or stopped by electronic means.

Reglamentarily, the Administrations may establish the obligation to practice electronically the notifications for certain procedures and for certain groups of natural persons who, by reason of their capacity economic, technical, professional dedication or other reasons are accredited that have access to and availability of the necessary electronic means.

Additionally, the interested party may identify an electronic device and/or an e-mail address that will serve to send the notices regulated in this article, but not for the practice of notifications.

2. In no case shall the following notifications be made by electronic means:

(a) Those in which the act to be notified is accompanied by elements that are not capable of being converted in electronic form.

(b) Those containing means of payment in favour of the obligors, such as cheques.

3. In the proceedings initiated at the request of the person concerned, the notification shall be made by the means indicated for that purpose. This notification shall be electronic in cases where there is an obligation to relate in this way to the Administration.

When it is not possible to make the notification in accordance with the application, it shall be practiced in any appropriate place for that purpose, and by any means which permits to be kept on record by the person concerned or his representative, as well as the date, identity and content of the notified act.

4. In the case of proceedings initiated on their own initiative, the public authorities may, through consultation of the databases of the National Statistics Institute, obtain the information on the address of the person concerned by consulting the national statistics institute. collected in the Municipal Register, transmitted by the Local Entities in application of the provisions of Law 7/1985, of April 2, regulating the Bases of the Local Regime.

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

6. Regardless of whether the notification is made on paper or by electronic means, the Public Administrations shall send a notice to the electronic device and/or to the e-mail address of the person concerned that the latter has communicated, informing you of the making available of a notification at the electronic headquarters of the Administration or the Agency concerned or in the unique electronic-enabled address. The lack of practice of this notice shall not prevent the notification from being considered as fully valid.

7. Where the person concerned is notified by different channels, the date of notification of the person concerned shall be taken as the date of notification.

Article 42. Practice of paper notifications.

1. All notifications that are made on paper must be made available to the person concerned in the electronic headquarters of the Administration or the Acting Body so that they can access the content of the same on a voluntary basis.

2. Where the notification is carried out at the address of the person concerned, where the person concerned is not present at the time the notification is delivered, any person over the age of 14 who is at the address and who is at the address of the person concerned may take charge of the notification. its identity. If no one is responsible for the notification, this circumstance shall be recorded in the file, together with the day and time at which the notification was attempted, an attempt to be repeated for once and for a different time within three days. next. If the first notification attempt has been made before the fifteen hours, the second attempt must be made after the fifteen hours and vice versa, leaving at least a margin of difference of three hours between the two notification attempts. If the second attempt is also unsuccessful, the form provided for in Article 44 shall be carried out.

3. Where the person concerned agrees to the content of the electronic address notification, the possibility that the rest of the notifications may be made through electronic means shall be offered.

Article 43. Practice of notifications through electronic means.

1. Notifications by electronic means shall be made by appearance at the electronic headquarters of the Acting Agency or Agency, either through the single electronic-enabled address or by means of both systems, as each Administration or Body.

For the purposes set out in this Article, an appearance at the electronic venue is understood, the access by the data subject or his duly identified representative to the content of the notification.

2. Notifications by electronic means shall be construed as being carried out at the time of access to their content.

Where the notification by electronic means is of a compulsory nature, or has been expressly chosen by the person concerned, it shall be deemed to have been rejected after ten calendar days have elapsed since the date of the notification without access to its content.

3. The obligation referred to in Article 40.4 shall be deemed to be fulfilled with the provision of the notification at the electronic headquarters of the Acting Administration or Agency or in the single enabled electronic address.

4. Stakeholders will be able to access notifications from the Administration's Electronic General Access Point, which will function as an access portal.

Article 44. Unsuccessful notification.

When those interested in a procedure are unknown, the place of the notification is ignored or, attempted, it would not have been possible to practice, the notification will be made by means of an advertisement published in the " Bulletin State Officer. "

Also, in advance and on an optional basis, the Administrations may publish an announcement in the official bulletin of the Autonomous Community or the Province, on the board of edicts of the City Council of the last address of the interested or from the Consulate or Consular Section of the Embassy concerned.

The Public Administrations may establish other forms of supplementary notification through the other means of dissemination, which will not exclude the obligation to publish the corresponding notice in the "Official Journal of the European Union". Status ".

Article 45. Publication.

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

In any case, the administrative acts will be published, with the effect of the notification, in the following cases:

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

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

2. The publication of an act shall contain the same elements as Article 40.2 requires in respect of notifications. It shall also apply to the publication as set out in paragraph 3 of the same Article.

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

3. The publication of the acts shall be carried out in the appropriate official journal, depending on the Administration from which the act is to be notified.

4. Without prejudice to Article 44, the publication of acts and communications which, by law or regulation, is to be carried out in the form of notices or edicts, shall be deemed to be fulfilled by publication in the Official Journal of the European Union. corresponding.

Article 46. Indication of notifications and publications.

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

Additionally and in an optional manner, the Administrations may establish other forms of complementary notification through the other means of dissemination which will not exclude the obligation to publish in the corresponding Official Journal.

CHAPTER III

Nullity and nullability

Article 47. Nullity of full rights.

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

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

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

c) Those that have an impossible content.

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

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

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

g) Any other that is expressly set forth in a provision with a range of Law.

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

Article 48. Nullability.

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

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

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

Article 49. Limits to the extent of the nullity or nulliability of the acts.

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

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

Article 50. Conversion of vitiated acts.

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

Article 51. Preservation of acts and formalities.

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

Article 52. Validation.

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

2. The act of validation shall take effect from its date, except as provided for in Article 39.3 for the retroactivity of administrative acts.

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

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

TITLE IV

From the provisions on the common administrative procedure

CHAPTER I

Procedural guarantees

Article 53. Rights of the person concerned in the administrative procedure.

1. In addition to the other rights provided for in this Law, those interested in an administrative procedure have the following rights:

(a) to be aware, at any time, of the state of proceedings of the proceedings in which they have the status of an interested party; the sense of the administrative silence that corresponds, in the event that the Administration does not dictate or notify the express resolution in time; the body responsible for its instruction, if any, and resolution; and the acts of procedure. They shall also have the right to access and obtain copies of the documents contained in those procedures.

Those who relate to Public Administrations through electronic means shall be entitled to consult the information referred to in the preceding paragraph, in the General Access Point of the Administration that will work as an access portal. The obligation of the Administration to provide copies of the documents contained in the procedures shall be deemed to be fulfilled by making available copies of the documents in the electronic general access point of the competent authority or in the the appropriate electronic venues.

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

(c) Not to present original documents unless, in exceptional circumstances, the applicable regulatory rules provide otherwise. If, exceptionally, they are required to present an original document, they shall be entitled to obtain an authenticated copy of the document.

(d) Not to submit data and documents not required by the rules applicable to the procedure in question, which are already held by the Public Administrations or which have been produced by them.

e) To make claims, to use the means of defence admitted by the Legal Order, and to provide documents at any stage of the proceedings before the hearing, which must be taken into account by the competent body in writing the motion for a resolution.

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

g) To act assisted as an advisor when they consider it convenient in defense of their interests.

h) To meet payment obligations through the electronic means provided for in Article 98.2.

i) Whatever others recognize the Constitution and the laws.

2. In addition to the rights provided for in the previous paragraph, in the case of administrative procedures of a sanctioning nature, the alleged perpetrators shall have the following rights:

(a) To be notified of the facts which are imputed to him, of the offences which such acts may constitute and of the sanctions which, if any, may be imposed on them, as well as the identity of the instructor, of the authority competent to impose the sanction and the rule that confers such competence.

b) To the presumption of non-existence of administrative responsibility as long as it is not proven otherwise.

CHAPTER II

Getting started with the procedure

Section 1. General Provisions

Article 54. Initiation classes.

Procedures may be initiated either on their own initiative or at the request of the data subject.

Article 55. Previous information and actions.

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

2. In the case of procedures of a sanctioning nature, the previous actions shall be directed to determine, as accurately as possible, the facts which may cause the procedure to be initiated, the identification of the person or persons to be may be responsible and the relevant circumstances that are present in each other.

The previous actions shall be carried out by the bodies that have assigned functions of investigation, investigation and inspection in the matter and, in the absence thereof, by the person or administrative body determined by the competent authority for the initiation or resolution of the procedure.

Article 56. Provisional measures.

1. The proceedings, the administrative body competent to resolve, may, on its own initiative or on a reasoned basis, take the provisional measures which it considers appropriate to ensure the effectiveness of the decision which it may take. relapse, if there are sufficient evidence to do so, in accordance with the principles of proportionality, effectiveness and lower onerous.

2. Prior to the initiation of the administrative procedure, the body responsible for initiating or instructing the proceedings, on its own initiative or at the request of a party, in cases of urgent urgency and for the provisional protection of the interests involved, may take the necessary and proportionate provisional measures in a reasoned manner. The provisional measures shall be confirmed, amended or lifted in the initiation agreement of the procedure, which shall be carried out within 15 days of its adoption, which may be the subject of the action.

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

3. In accordance with the provisions of the previous two paragraphs, the following provisional measures may be agreed, as provided for in Law 1/2000 of 7 January of Civil Procedure:

a) Temporary suspension of activities.

b) The bonding facility.

c) Withdrawal or intervention of productive goods or temporary suspension of services for reasons of health, hygiene or safety, temporary closure of the establishment by these or other causes provided for in the regulatory regulations applicable.

d) Preventive embargoing of goods, rents and consumables in cash for the application of certain prices.

e) The deposit, retention, or immobilization of furniture.

(f) The intervention and deposit of income obtained through an activity that is considered illegal and whose prohibition or cessation is intended.

g) Consigning or constitution of deposit of the amounts to be claimed.

h) The withholding of income on account to be paid by the Public Administrations.

i) Those other measures which, for the protection of the rights of the persons concerned, expressly provide for the laws, or which are deemed necessary to ensure the effectiveness of the resolution.

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

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

In any case, they shall be extinguished when the administrative decision terminating the relevant procedure takes effect.

Article 57. Accumulation.

The administrative body that initiates or processes a procedure, whatever the form of its initiation, may have, on its own initiative or at the request of a party, its accumulation to others with which it has a substantial identity or intimate connection, provided that it is the same organ to process and resolve the procedure.

Against the accumulation agreement, no recourse will be made.

Section 2. First Initiation of the procedure by the administration

Article 58. Initiation of trade.

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

Article 59. Start of procedure on own initiative.

It is understood on its own initiative, the performance derived from the direct or indirect knowledge of the circumstances, behaviors or facts that are the object of the procedure by the organ that has attributed the competition of initiation.

Article 60. Start of procedure as a result of higher order.

1. It is understood by a higher order, issued by a hierarchical superior administrative body of the competent authority for the initiation of the procedure.

2. In proceedings of a sanctioning nature, the order shall, as far as possible, express the person or persons presumed to be responsible; the conduct or facts which may constitute an administrative offence and its classification; place, date, dates, or period of continued time when the facts occurred.

Article 61. Initiation of the procedure by reasoned request from other bodies.

1. It is understood by reasoned request, the proposal for initiation of the procedure formulated by any administrative body that has no competence to start the same and that it has had knowledge of the circumstances, conduct or facts object of the procedure, either occasionally or for having assigned inspection, investigation or investigation functions.

2. The request does not bind the competent body to initiate the procedure, although it must inform the body that it has formulated the reasons for which, where appropriate, the initiation does not proceed.

3. In proceedings of a sanctioning nature, petitions shall, as far as possible, specify the person or persons presumed to be responsible, the conduct or facts which may constitute an administrative infringement and their typing; as well as the place, date, dates or period of continued time the facts occurred.

4. In the procedures for patrimonial liability, the request must identify the injury produced in a person or group of persons, their causal relationship with the functioning of the public service, their economic assessment if they were possible, and the time when the injury actually occurred.

Article 62. Initiation of the complaint procedure.

1. It is understood by complaint, the act by which any person, whether or not in compliance with a legal obligation, brings to the knowledge of an administrative body the existence of a given fact which could justify the initiation of a trade of a administrative procedure.

2. Complaints must express the identity of the person or persons who present them and the account of the facts that are brought to the attention of the Administration. Where such facts may constitute an administrative infringement, they shall collect the date of their commission and, where possible, the identification of the alleged perpetrators.

3. Where the complaint invokes a damage to the assets of the Public Administrations, the non-initiation of the procedure shall be substantiated and the complainants shall be notified of the decision whether the procedure has been initiated or not.

4. Where the complainant has participated in the commission of an infringement of this nature and there are other offenders, the body responsible for resolving the procedure shall exempt the complainant from payment of the fine to which he or she is responsible. type of penalty of a non-pecuniary character, where it is the first to provide evidence to enable the procedure to be initiated or to check the infringement, provided that sufficient elements are not available at the time of the procedure. to order the same and repair the damage caused.

In addition, the competent body to resolve must reduce the amount of the payment of the fine that would correspond to it or, where appropriate, the penalty of a non-pecuniary character, when not complying with any of the above conditions, the (a) Complainant shall provide evidence elements that provide significant added value for those of which it is available.

In both cases it will be necessary for the complainant to cease the involvement of the infringement and not to destroy evidence related to the subject matter of the complaint.

5. The filing of a complaint does not, on its own, confer the status of an interested party in the proceedings.

Article 63. Specialties at the beginning of procedures of a sanctioning nature.

1. Procedures of a sanctioning nature shall always be initiated on their own initiative by agreement of the competent body and shall establish proper separation between the investigating and sanctioning stages, which shall be entrusted to different bodies.

An organ shall be deemed to be competent to initiate the procedure where the regulatory standards of the procedure so determine.

2. In no case shall a penalty be imposed without the appropriate procedure being dealt with.

3. No new procedures of a sanctioning nature may be initiated for acts or conduct typified as offences on whose commission the infringer persists on an ongoing basis, as long as there is no first sanction resolution, with a character executive.

Article 64. Initiation agreement in procedures of a sanctioning nature.

1. The initiation agreement shall be communicated to the instructor of the procedure, with the transfer of any such action, and the parties concerned shall be notified, in any event, in the understanding of the defendant.

The opening of the procedure shall also be communicated to the complainant where the regulatory rules of the procedure provide for this.

2. The initiation agreement shall contain at least:

a) Identification of the person or persons allegedly responsible.

(b) The facts which give rise to the opening of the procedure, its possible qualification and the penalties which may be imposed, without prejudice to the result of the instruction.

(c) Identification of the instructor and, where appropriate, the Registrar of the procedure, with the express indication of the recusal status of the instructor.

(d) the authority responsible for the decision of the procedure and rule giving it such competence, indicating the possibility that the person responsible may voluntarily acknowledge his/her responsibility, with the expected effects on Article 85.

(e) Interim measures which have been agreed by the competent authority to initiate the sanctioning procedure, without prejudice to those which may be adopted during the procedure in accordance with Article 56.

(f) Indication of the right to make representations and to the hearing in the proceedings and the time limits for their exercise, as well as an indication that, if no arguments are made within the time limit laid down for the content of the agreement, This may be considered as a motion for a resolution when it contains a precise statement of the responsibility.

3. Exceptionally, where, at the time of the introduction of the initiation agreement, there are not sufficient elements for the initial qualification of the facts which motivate the initiation of the procedure, the said qualification may be carried out at a stage subsequent by the drawing up of a Statement of Objections, which must be notified to the parties concerned.

Article 65. Specialties in the commencement of trade in the procedures for patrimonial liability.

1. Where the public authorities decide to initiate a procedure of patrimonial liability on their own initiative, it shall be necessary for them not to have prescribed the right to the complaint referred to in Article 67.

2. The initiation agreement of the procedure shall be notified to the persons who are allegedly injured, giving them a period of 10 days for them to provide all the arguments, documents or information they deem appropriate to their right and to propose how many evidence is relevant to the recognition of the test. The procedure initiated shall be instructed even if the persons allegedly injured are not personified within the prescribed period.

Section 3. Start of the procedure at the request of the data subject

Article 66. Initiation requests.

1. The requests to be submitted shall contain:

(a) The name of the person concerned and, where appropriate, the person representing him.

b) Identification of the electronic medium, or in its defect, physical place in which you want the notification to be practiced. In addition, the interested parties may provide their e-mail address and/or electronic device in order for the Public Administrations to notify them of the sending or making available of the notification.

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

d) Place and date.

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

f) Organ, centre or administrative unit to which it is addressed and its corresponding identification code.

Records assistance offices will be required to provide stakeholders with the identification code if the data subject is not aware of it. In addition, the Public Administrations shall maintain and update a listing with the existing identification codes at the electronic headquarters.

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

3. Of the requests, communications and writings submitted by the interested parties electronically or in the offices of assistance in the field of records of the Administration, they may require the corresponding receipt to accredit the date and time of the presentation.

4. Public administrations will have to establish models and systems of mass presentation that will allow stakeholders to submit a number of applications simultaneously. These models, for voluntary use, will be available to those interested in the relevant electronic venues and in the offices of assistance in the field of public administration records.

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

5. Standard application systems may include automatic checks of information provided in respect of data stored in own systems or belonging to other Administrations or to provide the completed form, in whole or in part, in order for the data subject to verify the information and, where appropriate, to modify and complete the information.

6. Where the Administration in a particular procedure expressly sets out specific models for the submission of applications, they shall be of compulsory use by those concerned.

Article 67. Requests for initiation in the procedures for patrimonial liability.

1. Interested parties may only apply for the initiation of a liability procedure where they have not prescribed their right to claim. The right to claim shall be prescribed for the year in which the event is produced or the act giving rise to the compensation or the effect of the compensation. In the event of damage of a physical or mental nature to persons, the time limit shall begin to be computed from the cure or the determination of the extent of the sequelae.

In cases where it is appropriate to recognise the right to compensation for annulment on administrative or administrative grounds of a general act or provision, the right to claim shall be prescribed for the year in which it has been notified. the administrative decision or the final judgment.

In cases of patrimonial liability referred to in Article 32 (4) and (5) of the Law on the Legal Regime of the Public Sector, the right to claim will be prescribed in the year of publication in the " Official Journal of the State 'or in the' Official Journal of the European Union ', as the case may be, of the judgment declaring the unconstitutionality of the rule or its character contrary to European Union law.

2. In addition to the provisions of Article 66, the application made by the persons concerned must specify the injuries produced, the alleged causal link between them and the operation of the public service, the economic assessment of the liability, if possible, and the time when the injury actually occurred, and shall be accompanied by any allegations, documents and information deemed appropriate and the proof of the proposed evidence, giving the means that Claim the claimant.

Article 68. Subhealing and enhancement of the request.

1. If the application for initiation does not meet the requirements referred to in Article 66 and, where appropriate, those referred to in Article 67 or other required by the specific legislation applicable, the person concerned shall be required to, within 10 days, subsane the lack of or accompanying the required documents, indicating that, if they do not do so, they shall be given the withdrawal of their request, after a decision to be made in accordance with the terms laid down in Article 21.

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

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

4. If any of the subjects referred to in Article 14.2 and 14.3 submit their application in person, the Public Administrations shall require the person concerned to submit the application by electronic filing. For these purposes, the date of submission of the application shall be deemed to be the date of the submission of the remedy.

Article 69. Responsible statement and communication.

1. For the purposes of this Law, a responsible statement shall mean the document subscribed by an interested party in which the person in question, under his or her responsibility, complies with the requirements laid down in the regulations in force for obtaining the recognition of a right or right or for its exercise, which has the documentation that so credits it, that it will make it available to the Administration when it is required, and that it undertakes to maintain the compliance of the previous ones obligations during the period of time inherent in such recognition or exercise.

The requirements referred to in the preceding paragraph shall be expressly, clearly and accurately collected in the relevant responsible statement. The Administrations may require at any time that the documentation certifying compliance with the above requirements is provided and the data subject shall provide it.

2. For the purposes of this Law, communication shall be understood to mean the document by which the persons concerned place their identifying data or any other relevant data for the initiation of a competent public administration in the knowledge of the competent public administration. activity or exercise of a right.

3. Responsible statements and communications shall permit, the recognition or exercise of a right or the commencement of an activity, from the date of its submission, without prejudice to the powers of verification, control and inspection which have been allocated by the Public Administrations.

By way of derogation from the preceding paragraph, the communication may be submitted within a period after the start of the activity where the relevant legislation expressly provides for it.

4. The inaccuracy, falsehood or omission, of an essential nature, of any data or information which is incorporated into a responsible statement or a communication, or the non-filing with the competent authority of the responsible declaration, the documentation that is required to prove compliance with what is stated, or the communication, shall determine the impossibility of continuing with the exercise of the right or activity affected from the time of the record of such facts, without prejudice to the criminal, civil or administrative responsibilities to which the place.

Likewise, the decision of the Public Administration to declare such circumstances may determine the obligation of the person concerned to restore the legal status to the moment prior to the recognition or exercise of the right or the right to the start of the corresponding activity, as well as the impossibility of calling for a new procedure with the same object for a period of time determined by the law, all in accordance with the terms laid down in the sectoral rules of application.

5. Public administrations will have permanently published and updated models of responsible and communication statements, easily accessible to stakeholders.

6. Only a responsible declaration or a communication to initiate the same activity or obtain the recognition of the same right or right for the exercise of the same right shall be required, without the need for both cumulatively.

CHAPTER III

Ordering the procedure

Article 70. Administrative File.

1. The administrative file means the ordered set of documents and actions which serve as a background and a basis for the administrative decision, as well as the proceedings to be carried out.

2. The dossiers will be electronic and will be formed by the orderly aggregation of all documents, evidence, opinions, reports, agreements, notifications and other measures to be integrated, as well as a numbered index of all documents that it contains when it is submitted. The certified electronic copy of the resolution adopted shall also be included in the dossier.

3. Where, by virtue of a rule, the electronic file is to be submitted, it shall be done in accordance with the provisions of the National Interoperability Scheme and the relevant Technical Standards for Interoperability, and shall be sent in full, followed, authenticated and accompanied by an index, also authenticated, of the documents it contains. The authentication of the said index shall ensure the integrity and immutability of the electronic file generated from the time of signature and shall allow for its recovery whenever necessary, where it is permissible for the same document to be part of different electronic files.

4. Information which is auxiliary or supportive, such as that contained in applications, files and databases, notes, drafts, opinions, summaries, communications and internal reports or internal reports shall not be part of the administrative file. between bodies or administrative bodies, as well as value judgments issued by the public authorities, except in the case of reports, prescriptive and optional, requested prior to the administrative decision terminating the procedure.

Article 71. Momentum.

1. The procedure, subject to the principle of speed, shall be automatically initiated in all its formalities and through electronic means, in compliance with the principles of transparency and publicity.

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

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

3. Persons appointed as an instructor or, where appropriate, the holders of the administrative units assigned such a function shall be directly responsible for the processing of the procedure and, in particular, for compliance with the time limits. set.

Article 72. Concentration of formalities.

1. In accordance with the principle of administrative simplification, all formalities which, by their nature, are to be promoted simultaneously and not to be enforced, shall be agreed in a single act.

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

Article 73. Compliance with procedures.

1. The formalities to be completed by the persons concerned must be completed within 10 days of the date of notification of the relevant act, except where the relevant standard is set different.

2. At any time during the procedure, where the Administration considers that any of the acts of the data subjects do not meet the necessary requirements, it shall inform the author thereof, giving it a period of 10 days to complete it.

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

Article 74. Incidental issues.

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

CHAPTER IV

Procedure instruction

Section 1. General Provisions

Article 75. Acts of instruction.

1. The acts of instruction necessary for the determination, knowledge and verification of the facts on the basis of which the decision is to be taken shall be made on its own initiative and through electronic means by the body which is the the procedure, without prejudice to the right of the persons concerned to propose those actions which require their intervention or constitute legal or regulatory formalities.

2. The applications and information systems used for the instruction of the procedures shall ensure the monitoring of the time and time, the identification of the responsible bodies and the orderly processing of the files, as well as facilitate the simplification and publicity of the procedures.

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

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

Article 76. Allegations.

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

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

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

Section 2. Test

Article 77. Means and test period.

1. The facts relevant to the decision of a proceeding may be evidenced by any means of proof admissible in law, the assessment of which shall be carried out in accordance with the criteria laid down in Law 1/2000 of 7 January Civil.

2. Where the Administration does not have the facts alleged by the parties concerned or the nature of the procedure so requires, the instructor shall agree to the opening of a trial period for a period not exceeding 30 days or less than 10, in order to enable them to practise as many as they deem relevant. The instructor may also, at the request of the interested parties, decide to open an extraordinary period of trial for a period not exceeding 10 days.

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

4. In proceedings of a sanctioning nature, the facts declared as proven by a firm criminal court decision shall bind the Public Administrations in respect of the sanctioning procedures which they substantial.

5. The documents formalised by the officials to whom the status of authority is recognised and where the relevant legal requirements are observed are based on the facts established by those officials, unless they prove that they are otherwise.

6. Where the evidence consists in the issuing of a report of an administrative body, public body or public law entity, it shall be understood as having a mandatory nature.

7. Where the assessment of the tests carried out may constitute the basic basis for the decision to be taken in the procedure, since it is essential for the correct assessment of the facts, it must be included in the proposal for a resolution.

Article 78. Test practice.

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

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

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

Section 3. Reports

Article 79. Request.

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

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

Article 80. Reporting.

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

2. The reports shall be issued by electronic means and in accordance with the requirements referred to in Article 26 within 10 days, unless a provision or compliance with the remainder of the time limits for the procedure permits or requires another. longer or shorter term.

3. If the report is not issued within the time limit, and without prejudice to the liability of the person responsible for the delay, the proceedings may be continued except in the case of a mandatory report, in which case the report may be suspended. the legal maximum period for resolving the procedure in accordance with the terms laid down in Article 22 (1) (d).

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

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

Article 81. Request for reports and opinions in the procedures for patrimonial liability.

1. In the case of liability procedures, it shall be mandatory to request a report from the service whose operation has caused the alleged damage to be indemnified, and the time limit for its issue cannot exceed ten days.

2. Where the compensation claims are equal to or greater than EUR 50 000 or which is established in the relevant regional legislation, as well as in those cases provided for in the Organic Law 3/1980 of 22 April of the Council of State, it shall be necessary to request the opinion of the Council of State or, where appropriate, of the advisory body of the Autonomous Community.

For these purposes, the instructor, within ten days of the completion of the hearing procedure, shall forward to the competent body the request for the opinion of a motion for a resolution, which shall be in accordance with the provided for in Article 91, or, where appropriate, the proposal for an agreement whereby the procedure could be concluded conventionally.

The opinion shall be delivered within two months and shall give an opinion on the existence or not of a causal link between the operation of the public service and the injury produced and, where appropriate, the assessment of the damage caused and the amount and mode of compensation in accordance with the criteria set out in this Law.

3. In the case of claims in matters of State patrimonial responsibility for the abnormal functioning of the Administration of Justice, the report of the General Council of the Judiciary will be required, which will be evacuated within the maximum period of two years. months. The time limit for the adoption of a decision shall be suspended for the time between the application, the report and its receipt, not exceeding that period of two months.

Section 4. Stakeholder Participation

Article 82. Hearing processing.

1. The procedures, and immediately prior to the drafting of the motion for a resolution, shall be made to the parties concerned or, where appropriate, to their representatives, for which account shall be taken of the limitations laid down in their case in the Law 19/2013, dated December 9.

The hearing of the interested parties shall be prior to the request of the report of the competent body for legal advice or to the request of the opinion of the State Council or equivalent advisory body of the Autonomous Community, in case they are part of the procedure.

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

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

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

5. In the case of the liability procedures referred to in Article 32.9 of the Law on the Legal Regime of the Public Sector, it will be necessary in any case to give the contractor a hearing, notifying him of how many actions are carried out in the procedure, to the effect that it is embodied in it, to set out what is appropriate and to propose how many means of proof it deems necessary.

Article 83. Public information.

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

2. For this purpose, an advertisement shall be published in the Official Journal in order to enable any natural or legal person to examine the file, or the part of the file to be agreed.

The notice will indicate the place of display, and must be available to the persons who request it through electronic means at the corresponding electronic headquarters, and determine the time limit for formulating claims, which in no case may be less than 20 days.

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

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

4. In accordance with the provisions of the laws, the Public Administrations may establish other forms, means and channels for the participation of persons, directly or through the organizations and associations recognized by law in the procedure in which administrative acts are given.

CHAPTER V

Completion of the procedure

Section 1. General Provisions

Article 84. Termination.

1. Termination, withdrawal, waiver of the right in which the application is founded shall terminate the proceedings, where such waiver is not prohibited by the legal order, and the declaration of revocation.

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

Article 85. Termination in sanctioning procedures.

1. If the offender recognises his/her responsibility, the procedure may be resolved by the imposition of the sanction as appropriate.

2. Where the penalty is only pecuniary or may be imposed by a pecuniary penalty and another penalty of a non-pecuniary character but the failure of the second, the voluntary payment by the responsible person, in any event, has been justified. the time before the decision, shall mean the termination of the procedure, except as regards the replacement of the altered situation or the determination of the compensation for damages caused by the commission of the infringement.

3. In both cases, where the penalty has only pecuniary character, the body responsible for resolving the procedure shall apply reductions of at least 20% on the amount of the proposed penalty, with the latter being cumulative. Such reductions shall be determined in the notification of initiation of the procedure and their effectiveness shall be conditional upon the withdrawal or waiver of any action or recourse on the administrative basis against the sanction.

The percentage of reduction provided for in this section may be increased regulatively.

Article 86. Conventional termination.

1. Public Administrations may conclude agreements, agreements, agreements or contracts with persons governed by public or private law, provided that they are not contrary to the legal order or are concerned with matters not subject to compromise and they are intended to satisfy the public interest entrusted to them, with the scope, effects and specific legal regime which, where appropriate, provides for the provision governing the provision, which may be considered as the finaliser of the administrative procedures or to be inserted in advance, binding or not, to the resolution that puts an end to them.

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

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

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

5. In cases of liability procedures, the agreement reached between the parties must fix the amount and manner of compensation in accordance with the criteria to be calculated and paid for by Article 34 of the Law of the Legal Public Sector.

Section 2. Resolution

Article 87. Complementary actions.

Before making a decision, the body responsible for resolving may decide, by means of a reasoned agreement, to carry out the necessary additional measures to resolve the procedure. The reports preceding the final decision of the procedure shall not be taken into account by any additional action.

The agreement to carry out complementary actions will be notified to the interested parties, giving them a period of seven days to formulate the arguments they have for the relevant ones after the completion of the same. Complementary actions shall be carried out within a period not exceeding 15 days. The deadline for resolving the procedure shall be suspended until the completion of the accompanying actions.

Article 88. Content.

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

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

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

3. The decisions shall contain the decision, which shall be reasoned in the cases referred to in Article 35. They shall also express the remedies against the same administrative or judicial body in respect of which they must be submitted and the time limit for bringing them together, without prejudice to the possibility of the persons concerned being able to exercise any other they deem appropriate.

4. Without prejudice to the form and place indicated by the person concerned for the practice of the notifications, the decision of the procedure shall be made electronically and shall ensure the identity of the competent body, as well as the authenticity and integrity of the a document to be formalised by the use of some of the instruments provided for in this Law.

5. Under no circumstances may the Administration refrain from resolving under the pretext of silence, obscurity or inadequacy of the legal provisions applicable to the case, although the admission of applications for recognition of rights may be agreed. provided for in the legal order or manifestly lacking in substance, without prejudice to the right of petition provided for in Article 29 of the Constitution.

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

7. Where the competence to instruct and resolve a procedure does not fall within the same body, the instructor shall be required to raise the competent authority to resolve a motion for a resolution.

In proceedings of a sanctioning nature, the motion for a resolution shall be notified to the persons concerned in accordance with the terms set out in the following Article.

Article 89. Proposal for a resolution on procedures of a sanctioning nature.

1. The instructor shall decide on the completion of the procedure, with a file of the proceedings, without the need for the wording of the motion for a resolution to be formulated, where the procedure in question shows that any of the Following circumstances:

a) The non-existence of the facts that may constitute the infringement.

b) When the facts are not accredited.

c) When the proven facts do not, in a manifest manner, constitute administrative infraction.

d) When the person or persons responsible are not identified or have not been able to identify the person or persons who are responsible or are exempt from liability.

e) When it was concluded, at any time, that the infringement was prescribed.

2. In the case of procedures of a sanctioning nature, after completion of the procedure, the instructor shall make a motion for a resolution which shall be notified to the parties concerned. The motion for a resolution shall indicate the outcome of the procedure and the time limit for making representations and submitting the documents and information deemed relevant.

3. The motion for a resolution shall lay down, in a reasoned manner, the facts which are deemed to be proven and the exact legal status of the persons concerned, the infringement which, where appropriate, the persons or persons responsible and the penalty which is imposed on them. propose, the assessment of the tests carried out, in particular those which constitute the basis for the decision, as well as the provisional measures which, where appropriate, would have been taken. Where the instruction concludes that there is no infringement or liability and no use is made of the option provided for in paragraph 1, the proposal shall state that.

Article 90. Specialties of the resolution in the sanctioning procedures.

1. In the case of procedures of a sanctioning nature, in addition to the content provided for in the two preceding articles, the decision shall include the assessment of the tests carried out, in particular those which constitute the basic principles of the decision, shall determine the facts and, where appropriate, the person (s) responsible, the offence (s) committed and the sanction (s) imposed, or the declaration of non-existence of infringement or liability.

2. In the resolution, facts other than those determined in the course of the proceedings may not be accepted, irrespective of their different legal assessment. However, where the body responsible for resolving considers that the infringement or the sanction is more serious than that determined in the motion for a resolution, the defendant shall be notified of any such allegation as to be appropriate. within 15 days.

3. The decision terminating the proceedings shall be enforceable where no ordinary recourse is brought against it on an administrative basis and the precautionary provisions may be adopted in the same way in order to ensure their effectiveness as long as it is not executive and which may consist in the maintenance of the provisional measures which would have been taken in their case.

Where the decision is enforceable, it may be suspended in a cautious way, if the person concerned manifests to the Administration his intention to bring an administrative dispute against the final administrative decision. Such precautionary suspension shall end when:

(a) The time limit is legally provided without the person concerned having brought an administrative dispute.

b) Having the interested party filed for administrative-administrative appeal:

1. No, the precautionary suspension of the contested decision has not been requested in the same procedure.

2. º The judicial body decides on the requested precautionary suspension, in the terms provided for in it.

4. Where the conduct of sanctions has caused damage or damages to the Administrations and the amount intended to compensate for such damage would not have been determined in the file, it shall be determined by a supplementary procedure, the Resolution shall be immediately enforceable. This procedure will be capable of conventional termination, but neither this nor the acceptance by the infringer of the resolution that could fall will imply the voluntary recognition of their responsibility. The resolution of the procedure shall end the administrative path.

Article 91. Specialties of the resolution in the procedures in matters of patrimonial responsibility.

1. Once the opinion referred to in Article 81.2 has been received, or where the opinion is not mandatory, after the hearing has been completed, the competent body shall decide or submit the proposal for a formal decision on the matter. interested and by the administrative body responsible for signing it. Where the conventional termination proposal is not considered to be formalised, the competent body shall decide in the terms set out in

following paragraph.

2. In addition to the provisions of Article 88, in cases of liability procedures, it will be necessary for the decision to rule on the existence or otherwise of the causal link between the operation of the public service and the injury and, where appropriate, the assessment of the damage caused, the amount and the manner of the compensation, where appropriate, in accordance with the criteria to be calculated and paid out in accordance with Article 34 of the Law on the Legal Regime of the Public Sector.

3. After six months from the start of the procedure without the express resolution being passed and the express resolution is notified, the agreement may be deemed to be contrary to the compensation of the individual.

Article 92. Competence for the resolution of the assets liability procedures.

In the field of the General Administration of the State, the procedures for patrimonial liability will be resolved by the respective Minister or by the Council of Ministers in the cases of Article 32.3 of the Law of Legal Regime. of the Public Sector or when such a law provides for it.

In the regional and local areas, the procedures for the ownership of assets will be resolved by the corresponding bodies of the Autonomous Communities or the Entities that make up the Local Administration.

In the case of Public Law Entities, the rules that determine their legal status will be able to establish the bodies to whom the resolution of the procedures of patrimonial responsibility corresponds. Failing this, the rules provided for in this Article shall apply.

Section 3. Resignation And Resignation

Article 93. Withdrawal by the Administration.

In proceedings initiated ex officio, the Administration may, in the circumstances and with the requirements laid down in the Laws, desist, in a reasoned manner.

Article 94. Withdrawal and resignation by the interested parties.

1. Any interested party may withdraw from his application or, where this is not prohibited by law, waive his rights.

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

3. Both withdrawal and waiver may be made by any means that permit its constancy, provided that it incorporates the signatures corresponding to the provisions of the applicable regulations.

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

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

Section 4. Expiration

Article 95. Requirements and effects.

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

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

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

In cases where the initiation of a new procedure may be possible due to the absence of a prescription, the acts and formalities whose content would have remained the same may be incorporated into this procedure. expiration. In any case, the new procedure must fill in the case of allegations, proof of proof and hearing to the person concerned.

4. It may not apply for the expiry of the case where the issue concerned concerns the general interest, or it is appropriate to substantiate it for definition and clarification.

CHAPTER VI

From simplified processing of the common administrative procedure

Article 96. Simplified processing of the common administrative procedure.

1. Where reasons of public interest or the lack of complexity of the procedure so advise, the General Administration may, on its own initiative or at the request of the person concerned, agree to the simplified processing of the procedure.

At any point in the procedure prior to its resolution, the competent body for processing may agree to continue under the ordinary procedure.

2. Where the Administration agrees on its own initiative, the simplified procedure shall be notified to the parties concerned. If any of them express their express opposition, the Administration shall follow the ordinary procedure.

3. Interested parties may request simplified processing of the procedure. If the body responsible for processing finds that there is no reason for any of the reasons set out in paragraph 1, it may, within five days of its submission, reject that request without the possibility of an appeal by the competent authority. interested. After the five-day period, the application shall be deemed to be rejected.

4. In the case of procedures for the liability of the public authorities, if, after the administrative procedure has been initiated, the body responsible for its processing considers the causal link between the operation of the public service and the injury, as well as the assessment of the damage and the calculation of the amount of the compensation, may, of its own motion, agree on the suspension of the general procedure and the initiation of a simplified procedure.

5. In the case of procedures of a sanctioning nature, the simplified procedure may be adopted where the body responsible for initiating the procedure considers that, in accordance with the provisions of its regulatory rules, there are sufficient evidence to qualify the infringement as a minor one, without any express opposition from the person concerned as provided for in paragraph 2.

6. Unless it is less for ordinary processing, the administrative procedures dealt with in a simplified manner must be resolved within 30 days, from the next to which the processing agreement is notified to the person concerned. simplified procedure, and shall consist only of the following formalities:

a) Start of the trade procedure or at the request of the interested party.

b) Subhealing of the application filed, if any.

c) Allegations made at the beginning of the procedure within five days.

d) Hearing processing, only when the resolution is to be unfavorable to the person concerned.

e) Legal service report, where this is mandatory.

f) Report of the General Council of the Judiciary, when this is mandatory.

(g) Opinion of the Council of State or equivalent advisory body of the Autonomous Community in cases where it is mandatory. From the request of the opinion to the State Council, or equivalent body, until it is issued, the automatic suspension of the deadline for resolving will occur.

The competent body shall request the issue of the opinion within such a period as to enable it to comply with the deadline for the procedure. The opinion may be delivered within 15 days if the competent body so requests.

In any case, a motion for a resolution shall be included in the file referred to the Council of State or equivalent advisory body. Where the opinion is contrary to the substance of the motion for a resolution, irrespective of whether or not this criterion is met, the body responsible for resolving the matter will agree to continue the procedure under the ordinary procedure. notify the parties concerned. In this case, all actions that would have been carried out during the simplified processing of the procedure, with the exception of the State Council's opinion or equivalent advisory body, shall be understood.

h) Resolution.

7. Where a procedure requires the conduct of a procedure not provided for in the preceding paragraph, it shall be dealt with in an ordinary manner.

CHAPTER VII

Running

Article 97. Title.

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

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

Article 98. Enforceability.

1. The acts of the Public Administrations subject to Administrative Law shall be immediately executive, except that:

a) The execution of the act is suspended.

(b) This is a resolution of a procedure of a sanctioning nature against which there is an administrative appeal, including the replacement potestative.

c) A disposition sets the opposite.

d) Higher approval or authorization is required.

2. Where an administrative decision, or any other form of termination of the administrative procedure provided for in this law, provides for a payment obligation arising from a financial penalty, a fine or any other right to be paid The public finances shall be carried out preferably, unless it is justified to do so, by using one of the following electronic means:

a) Credit and debit card.

b) Bank transfer.

c) Bank domicile.

(d) Other than those authorised by the competent body in the field of public finances.

Article 99. Enforced execution.

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

Article 100. Means of enforced execution.

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

a) Aaward on heritage.

b) Subsidiary execution.

c) Coercive Multa.

d) Compulsion about people.

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

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

Article 101. Aaward on heritage.

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

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

Article 102. Subsidiary execution.

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

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

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

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

Article 103. Periodic penalty payment.

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

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

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

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

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

Article 104. Compulsion about people.

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

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

Article 105. Prohibition of possesory actions.

No post-enforcement actions shall be admissible against the actions of the administrative bodies held in respect of their competence and in accordance with the legally established procedure.

TITLE V

From reviewing the acts on the administrative path

CHAPTER I

Trade review

Article 106. Review of provisions and null acts.

1. Public Administrations, at any time, on their own initiative or at the request of an interested party, and after obtaining the favourable opinion of the Council of State or equivalent advisory body of the Autonomous Community, if any, shall declare the (a) the administrative acts which have ended the administrative procedure or which have not been appealed for in the period referred to in Article 47.1.

2. Likewise, at any time, the public authorities of its own office, and after obtaining the favourable opinion of the State Council or equivalent advisory body of the Autonomous Community, may declare the provisions invalid. administrative in the cases provided for in Article 47.2.

3. The body responsible for the ex officio review may give a reasoned agreement to the inadmissibility of requests made by the parties concerned, without the need for an opinion from the Council of State or the Advisory Body of the Autonomous Community, where they are not based on any of the grounds for nullity of Article 47.1 or are manifestly unfounded, as well as in the event that other substantially equal applications have been rejected as to the substance.

4. When declaring the nullity of a provision or act, the public authorities may, in the same judgment, provide for the compensation to be granted to the persons concerned, if the circumstances provided for in Articles 32.2 and 34.1 are provided for. of the Law on the Legal Regime of the Public Sector, without prejudice to the fact that, in the case of a provision, the firm acts in application of the law remain.

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

Article 107. Declaration of lesivity of nullable acts.

1. The public authorities may challenge to the judicial-administrative court the acts favourable to the persons concerned which are nullified in accordance with the provisions of Article 48, subject to their declaration of lesivity for the public interest.

2. The declaration of lesivity may not be adopted after four years after the administrative act has been issued and shall require the prior hearing of all those who appear as interested in the declaration, in the terms laid down by the Article 82.

Without prejudice to its examination as a procedural budget for the admissibility of the action in the relevant judicial process, the declaration of lesivity shall not be subject to appeal, although the persons concerned may be notified to the mere informational effects.

3. After the six-month period from the initiation of the procedure without the lesivity having been declared, the expiry of the procedure shall be the expiry of the procedure.

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

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

Article 108. Suspension.

Initiate the procedure for the review of trade referred to in Articles 106 and 107, the body responsible for declaring nullity or lesivity, may suspend the execution of the act, where the act may cause prejudice to the impossible or difficult to repair.

Article 109. Revocation of acts and rectification of errors.

1. Public Administrations may revoke, until the limitation period has elapsed, their acts of lien or unfavorable, provided that such revocation does not constitute a waiver or exemption not permitted by the laws, nor is it contrary to the principle of equality, public interest or legal order.

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

Article 110. Limits of the review.

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

Article 111. Competence for the ex officio review of provisions and null and void acts in the General Administration of the State.

At state level, they will be competent for the ex officio review of the provisions and the null and void administrative acts:

(a) The Council of Ministers, with respect to its own acts and provisions and the acts and provisions dictated by the Ministers.

b) In the General Administration of the State:

1. The Ministers, with respect to the acts and provisions of the Secretaries of State and those dictated by the executive organs of their Department not dependent on a Secretary of State.

2. The Secretaries of State, with respect to the acts and provisions dictated by the governing bodies of them.

c) In public bodies and public law entities linked to or dependent on the General Administration of the State:

1. The organs to which public bodies and entities governed by public law are attached, in respect of acts and provisions dictated by the highest governing body of these bodies.

2. The maximum governing bodies of public bodies and entities governed by public law, with respect to the acts and provisions dictated by the organs of their dependents.

CHAPTER II

Administrative resources

Section 1. General Principles

Article 112. Object and classes.

1. Against decisions and acts of procedure, if the latter directly or indirectly decide the substance of the case, they determine the impossibility of continuing the proceedings, they produce defenceless or irreparable damage to rights and interests The persons concerned may be entitled to appeal to the persons concerned for the assets of the repossession and the potestative replacement, which they shall establish in any of the grounds for invalidity or invalidity provided for in Articles 47 and 48 of this Law.

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

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

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

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

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

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

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

Article 113. Extraordinary review facility.

Against firm acts on an administrative basis, only the extraordinary review appeal shall proceed when any of the circumstances provided for in Article 125.1 are present.

Article 114. End of the administrative path.

1. End the administrative path:

a) The resolutions of the raised resources.

(b) Resolutions of the procedures referred to in Article 112.2.

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

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

e) The administrative resolution of the assets liability procedures, whatever the type of relationship, whether public or private, that derives.

(f) The resolution of the supplementary sanctioning procedures referred to in Article 90.4.

g) Other administrative organ resolutions when a legal or regulatory provision so establishes.

2. In addition to the provisions of the previous paragraph, the following acts and resolutions are put to the end of the administrative procedure at the State level:

(a) The administrative acts of the members and organs of the Government.

(b) The emanates of the Ministers and the Secretaries of State in the exercise of the powers conferred on them by the organs of which they are the holders.

(c) The emanates of the managing bodies at the level of Director-General or higher, in relation to the competences they have assigned in the field of personnel.

d) In public bodies and public law entities linked to or dependent on the General Administration of the State, those emanating from the highest single or collegiate management bodies, in accordance with what they establish its statutes, unless otherwise provided by law.

Article 115. Resource interposition.

1. The interposition of the resource shall express:

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

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

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

d) Organ, centre or administrative unit to which it is addressed and its corresponding identification code.

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

2. The failure or absence of the appellant's rating of the appeal shall not be an obstacle to its processing, provided that its true character is deducted.

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

Article 116. Causes of Inadmission.

The following will be causes of inadmission:

(a) Be incompetent the administrative body, when the competent authority belongs to another Public Administration. The appeal shall be submitted to the competent body in accordance with Article 14.1 of the Law on the Legal Regime of the Public Sector.

b) Legitimacy of the appellant.

c) To be treated for an act that is not resource-sensitive.

d) Have elapsed time for the resource interposition.

e) Carishing the manifestly unfounded resource.

Article 117. Suspension of execution.

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

2. By way of derogation from the preceding paragraph, the body to which the appeal is to be resolved, on a sufficiently reasoned basis, between the damage which the suspension and the occassion would cause to the public interest or to third parties as a result of the immediate effectiveness of the contested act, it may, on its own initiative or at the request of the appellant, suspend the execution of the contested act when any of the following circumstances are present:

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

b) That the challenge be based on any of the grounds for full nullity provided for in Article 47.1 of this Law.

3. The execution of the contested act shall be deemed to be suspended if one month after the application for suspension has entered the electronic register of the Administration or the Agency responsible for deciding on the act, the body to which the The decision to terminate the appeal has not been given and the express resolution has been notified. In such cases, the provisions of Article 21.4, second paragraph, of this Law shall not apply.

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

Where damages of any kind may result from the suspension, the suspension shall only produce effects upon the provision of sufficient security to respond to them, in accordance with the terms laid down in regulation.

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

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

Article 118. Hearing of the interested parties.

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

They will not be taken into account in the resolution of the appellant's resources, facts, documents or allegations, when having been able to provide them in the case of allegations has not done so. Nor can the practice of evidence be requested where its failure to carry out the procedure in which the contested decision was delivered is imputable to the person concerned.

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

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

Article 119. Resolution.

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

2. Where there is a defect in form, it is not considered appropriate to decide on the substance of the procedure at the time when the vice was committed, without prejudice to the possibility that the validation of proceedings may be agreed upon. by the body competent to do so, in accordance with the provisions of Article 52.

3. The body which resolves the appeal shall decide on all matters, whether in the form or in substance, whether or not they have been invoked by the parties concerned. In the latter case they will be heard previously. However, the resolution shall be consistent with the requests made by the appellant, without in any case being able to aggravate its initial situation.

Article 120. Plurality of administrative resources.

1. Where a plurality of administrative resources are to be resolved which bring about the same administrative act and a judicial remedy has been brought against an administrative decision or the corresponding alleged act The administrative body may agree to suspend the time limit to be resolved until judicial decision is taken.

2. The suspension agreement shall be notified to the persons concerned, who may use it.

The interposition of the corresponding resource by a data subject will not affect the remaining resource procedures that are suspended for bringing about the same administrative act.

3. The judgment shall be delivered to the parties concerned, and the administrative body responsible for resolving the matter may issue a decision without further processing, unless the hearing, where appropriate, is required.

Section 2. Alzada Resource

Article 121. Object.

1. The decisions and acts referred to in Article 112.1, where they do not put an end to the administrative procedure, may be appealed against in the light of the hierarchical superior body of which they have issued them. For these purposes, the courts and bodies for the selection of staff at the service of the general government and any other who, within the public authorities, act with functional autonomy, shall be considered as dependent on the body to which they are attached. or, failing that, of which he has appointed the President of the same.

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

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

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

Article 122. Deadlines.

1. The time limit for the application of the appeal shall be one month, if the act is express. After that period has not been brought, the decision shall be firm for all purposes.

If the act is not expressed by the applicant and other interested parties, they may institute an appeal at any time from the day following that in which, in accordance with their specific rules, the effects of administrative silence.

2. The maximum period for issuing and notifying the decision shall be three months. After this period has elapsed without a decision, the appeal may be dismissed, except in the case provided for in the third paragraph of Article 24.1.

3. No other administrative appeal shall be lodged against the decision of an alzada appeal, except for the extraordinary review, in the cases referred to in Article 125.1.

Section 3. Replenishment Potestative Resource

Article 123. Object and nature.

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

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

Article 124. Deadlines.

1. The time limit for the replacement of the replacement shall be one month if the act is express. After that period, only administrative and administrative proceedings may be brought, without prejudice, where appropriate, to the provenance of the extraordinary review appeal.

If the act is not express, the applicant and other interested parties may institute a replacement at any time from the day following the day on which, in accordance with their specific rules, the Alleged act.

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

3. Against the resolution of a replacement resource, this resource may not be interposed again.

Section 4. Extraordinary Review Resource

Article 125. Purpose and deadlines.

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

a) That the dictation was made in error in fact, resulting from the documents themselves incorporated in the case.

b) That documents of essential value appear for the resolution of the case which, although later, evidence the error of the resolution under appeal.

c) That the resolution has essentially influenced documents or testimonies declared false by a firm, prior or subsequent court judgment.

(d) that the judgment has been dictated as a result of prevarication, co-fact, violence, fraudulent machination or other punishable conduct and has been declared so by virtue of a firm judicial judgment.

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

3. The provisions of this Article do not prejudice the right of the persons concerned to make the application and the application referred to in Articles 106 and 109.2 of this Law or their right to be substantiated and resolved.

Article 126. Resolution.

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

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

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

TITLE VI

From the legislative initiative and the power to dictate regulations and other provisions

Article 127. Legislative initiative and power to dictate standards with a range of law.

The Government of the Nation will exercise the legislative initiative provided for in the Constitution by drawing up and approving the bills of law and the subsequent referral of the bills to the General Courts.

The legislative initiative will 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 Government of the Nation will be able to approve real decrees-laws and real legislative decrees in the terms provided for in the Constitution. The respective governing bodies of the Autonomous Communities may approve rules equivalent to those in their territorial scope, in accordance with the provisions of the Constitution and their respective Statutes of Autonomy.

Article 128. Regulatory authority.

1. The exercise of the regulatory authority is the responsibility of the Government of the Nation, the governing bodies of the Autonomous Communities, in accordance with the provisions of their respective Statutes, and the local government bodies, according to provided for in the Constitution, the Statute of Autonomy and Law 7/1985 of 2 April, regulating the Bases of the Local Regime.

2. Regulations and administrative provisions may not violate the Constitution or laws or regulate those matters which the Constitution or the Statute of Autonomy recognizes from the jurisdiction of the General Courts or the Assemblies Legislative of the Autonomous Communities. Without prejudice to their role of development or cooperation in respect of the law, they may not criminalise offences, offences or administrative offences, establish penalties or penalties, as well as taxes, parafiscal charges or other charges or benefits. personal or public assets.

3. The administrative provisions shall be in accordance with the order of hierarchy laid down by the laws. No administrative provision may infringe the precepts of another higher rank.

Article 129. Principles of good regulation.

1. In the exercise of legislative initiative and regulatory authority, the Public Administrations shall act in accordance with the principles of need, effectiveness, proportionality, legal certainty, transparency, and efficiency. In the explanatory memorandum or in the preamble, in the case of the preliminary draft laws or draft regulations respectively, their suitability for such principles shall be sufficiently justified.

2. Under the principles of need and effectiveness, the regulatory initiative should be justified by a general interest reason, be based on a clear identification of the aims pursued and be the most appropriate instrument to guarantee its achievement.

3. Under the principle of proportionality, the proposed initiative must contain the necessary regulation to address the need to cover the rule, after finding that there are no other less restrictive measures of rights, or that impose fewer obligations on recipients.

4. In order to ensure the principle of legal certainty, the regulatory initiative shall be exercised in a manner consistent with the rest of the legal, national and European Union law, in order to create a stable, predictable, integrated and clear regulatory framework. and of certainty, which facilitates their knowledge and understanding and, consequently, the action and decision-making of individuals and companies.

When in the case of administrative procedure the normative initiative establishes additional or different formalities to those contemplated in this Law, these must be justified on the basis of the singularity of the matter or the aims pursued by the proposal.

The regulations for the regulatory development of a law will, in general, be conferred on the Government or the respective Governing Council. Direct attribution to the holders of the ministerial departments or government departments, or to other dependent or subordinate bodies, shall be exceptional and shall be justified in the enabling law.

The laws may directly enable Independent Authorities or other bodies assigned this power to approve implementing or implementing rules, when the nature of the matter so require.

5. In application of the principle of transparency, the Public Administrations will make it possible to access simple, universal and up-to-date access to the existing regulations and the documents of their process of elaboration, in the terms established in the Article 7 of Law 19/2013, of 9 December, of transparency, access to public information and good governance; clearly define the objectives of the normative initiatives and their justification in the preamble or explanatory statement; and make it possible for potential recipients to have an active participation in the preparation of rules.

6. In application of the principle of efficiency, the regulatory initiative should avoid unnecessary and/or ancillary administrative burdens and to rationalise, in its implementation, the management of public resources.

7. Where the regulatory initiative concerns public expenditure or revenue present or future, its impact and effects shall be quantified and assessed and subject to compliance with the principles of budgetary stability and sustainability. financial.

Article 130. Regulatory assessment and adaptation of the current regulations to the principles of good regulation.

1. Public administrations will periodically review their existing rules in order to adapt it to the principles of good regulation and to check the extent to which the rules in force have achieved the intended objectives and whether it was justified and correctly quantified the cost and charges imposed on them.

The outcome of the assessment shall be in a report to be made public, in detail, periodicity and by the body that determines the regulatory regulatory framework of the relevant Administration.

2. Public administrations will promote the application of the principles of good regulation and will cooperate to promote economic analysis in the elaboration of the rules and, in particular, to avoid the introduction of unjustified restrictions. or disproportionate to economic activity.

Article 131. Advertisement of the rules.

Rules with a range of laws, regulations and administrative provisions will have to be published in the relevant official journal to enter into force and produce legal effects. In addition, and in an optional manner, the Public Administrations may establish additional means of advertising.

The publication of the official journals or newsletters in the electronic headquarters of the Administration, the Authority, the Public Body or the competent entity shall have, in the conditions and with the guarantees that each Public Administration determine, the same effects as those attributed to its printed edition.

The publication of the "Official State Gazette" at the electronic headquarters of the competent body shall be official and authentic in the conditions and with the guarantees to be determined on a regulated basis, deriving from that publication of the effects provided for in the preliminary title of the Civil Code and the other applicable rules.

Article 132. Regulatory planning.

1. Annually, the Public Administrations will publish a Normative Plan that will contain the legal or regulatory initiatives that will be elevated for approval in the following year.

2. Once approved, the Annual Plan Normência will be published in the Public Administration Transparency Portal.

Article 133. Participation of citizens in the procedure for the elaboration of rules with the rank of Law and Regulations.

1. Prior to the preparation of the draft or draft law or regulation, a public consultation will be conducted, through the web portal of the competent administration in which the opinion of the subjects and the organizations will be sought more representative potentially affected by the future rule about:

a) The problems that are intended to be solved with the initiative.

b) The need and opportunity for your approval.

c) The objectives of the rule.

d) 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 rule affects the legitimate rights and interests of the persons, the competent management centre shall publish the text on the relevant web portal, with the object to give an audience to the affected citizens and to collect as many additional contributions as possible by other persons or entities. The opinion of the organisations or associations recognised by law may also be obtained directly from the organisations or associations representing persons whose legitimate rights or interests are affected by the rule and whose purposes they are direct relationship to their object.

3. The consultation, hearing and public information provided for in this article must be carried out in such a way that the potential recipients of the rule and those who make contributions to it have the possibility to issue their opinion, for which they may the necessary documents must be made available to them, which will be clear, concise and gather all the necessary information in order to be able to comment on the matter.

4. The procedures for consultation, hearing and public information provided for in this Article may be dispensed with in the case of budgetary or organizational rules of the General Administration of the State, the Autonomous Administration, the Administration (a) local or dependent or related organisations, or where there are serious reasons of public interest to justify it.

Where the proposed legislation does not have a significant impact on economic activity, does not impose relevant obligations on the addressees or regulates partial aspects of a subject, the regulated public consultation may be omitted. in the first paragraph. If the regulations governing the exercise of the legislative initiative or the regulatory authority by an Administration provide for the urgent processing of these procedures, the possible exception of the procedure for this circumstance will be adjusted to the provided at the time.

Additional disposition first. Specialties by reason of matter.

1. Administrative procedures governed by special laws on the grounds of matter which do not require any of the formalities provided for in this Law or to regulate additional or different formalities shall be governed by the provisions of those laws. special.

2. The following actions and procedures shall be governed by their specific rules and in an additional manner in accordance with the provisions of this Law:

(a) The actions and procedures for the application of tax and customs taxes, as well as their administrative review.

b) Management, inspection, settlement, collection, impeachment, and review procedures and procedures in the field of Social Security and Unemployment.

(c) Tax and customs penalties and procedures, in the social order, in the field of traffic and road safety and in the field of foreign trade.

d) Actions and procedures in the field of foreign and asylum.

Additional provision second. Accession of the Autonomous Communities and Local Entities to the platforms and registers of the General Administration of the State.

To comply with the provisions of electronic registration of proxies, electronic registration, single electronic file, data broker platform and general access point of the Administration, the Autonomous Communities and Local Entities may voluntarily adhere to and through electronic means to the platforms and registers established for the purpose by the General Administration of the State. Their non-accession shall be justified in terms of efficiency in accordance with Article 7 of the Organic Law 2/2012 of 27 April 2012 on budgetary stability and financial sustainability.

In the event that an Autonomous Community or a Local Entity justifies before the Ministry of Finance and Public Administrations that it can provide the service in a more efficient manner, according to the criteria laid down in the (a) to maintain its own registration or platform, the aforementioned Administrations shall ensure that the latter complies with the requirements of the National Interoperability Scheme, the National Security Scheme, and its technical standards; (i) development, in such a way as to ensure that it is compatible with information technology and interconnection; telematic transmission of the applications, written and communications carried out on their respective registers and platforms.

Additional provision third. Notice by means of notice published in the "Official State Gazette".

1. The "Official State Gazette" shall make available to the various public administrations an automated system of referral and telematic management for the publication of notices of notification in accordance with Article 44 of this Regulation. Law and in this additional provision. Such a system, which will comply with the provisions of this Law, and its implementing regulations, will guarantee the speed of publication, its correct and faithful insertion, as well as the identification of the sending organ.

2. In those administrative procedures which have specific rules, if the cases provided for in Article 44 of this Law are met, the practice of notification shall in any case be made by means of an advertisement published in the Bulletin State official ', without prejudice to the fact that it may be carried out in the form provided for by that specific legislation in advance.

3. The publication in the "Official State Gazette" of the notices referred to in the preceding two paragraphs shall be carried out without any economic consideration by those who have requested it.

Additional provision fourth. Records assistance offices.

Public Administrations must keep a geographical directory that allows the person concerned to identify the office of record assistance more permanently in the electronic headquarters. next to your home.

Additional provision fifth. Administrative action of the constitutional bodies of the State and of the regional legislative and control bodies.

The administrative action of the competent bodies of the Congress of Deputies, the Senate, the General Council of the Judiciary, the Constitutional Court, the Court of Auditors, the Ombudsman, the Assemblies Legislative acts of the Autonomous Communities and of the autonomous institutions analogous to the Court of Auditors and the Ombudsman shall be governed by the provisions of their specific rules, in the framework of the principles which inspire action. administrative in accordance with this Law.

First transient disposition. Document file.

1. The file of the documents relating to administrative procedures already initiated before the entry into force of this Law shall be governed by the provisions of the preceding legislation.

2. Whenever possible, paper documents associated with administrative procedures completed prior to the entry into force of this Act shall be digitised in accordance with the requirements laid down in the applicable regulatory regulations.

Second transient disposition. Electronic record and single electronic file.

As long as the forecasts for electronic registration and the single electronic file do not enter into force, the following rules apply in the field of the General Administration of the State:

a) During the first year, following the entry into force of the Act, existing records and files may be maintained at the time of entry into force of this law.

(b) During the second year, after the entry into force of the Law, there shall be at most one electronic register and one electronic file for each Ministry, as well as an electronic register for each Public Body.

Transitional provision third. Transitional arrangements for procedures.

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

(b) The procedures for the review of trade initiated after the entry into force of this Law shall be substantiated by the rules laid down therein.

(c) Acts and resolutions issued after the entry into force of this Law shall be governed by the provisions of this Law as regards the system of resources.

d) Acts and resolutions pending enforcement of this Law shall be governed for enforcement by the law in force when they were issued.

(e) In the absence of any express provisions laid down in the relevant laws and regulations, the questions of transitional law arising from the administrative procedure shall be resolved in accordance with the provisions of the with the principles set out in the preceding paragraphs.

Transitional disposition fourth. Transient regime of files, records, and general access point.

As long as the forecasts regarding electronic registration of proxies, electronic registration, electronic access point of the Administration and electronic single file, the Public Administrations do not enter into force maintain the same channels, means or electronic systems in force in respect of such matters, in order to ensure the right of persons to interact electronically with the Administrations.

Transient disposition fifth. Liability procedures arising from the declaration of unconstitutionality of a rule or its character contrary to European Union law.

The administrative procedures for the liability of assets arising from the declaration of unconstitutionality of a rule or its character contrary to European Union law initiated prior to the entry into force of this Law, will be resolved in accordance with the regulations in force at the time of their initiation.

Single repeal provision. Regulatory repeal.

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

2. The following provisions are expressly repealed:

(a) Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

b) Law 11/2007, of June 22, of electronic access of citizens to Public Services.

(c) Articles 4 to 7 of Law 2/2011 of 4 March 2011 on Sustainable Economy.

(d) Royal Decree 429/1993 of 26 March, approving the Rules of Procedure of the Public Administrations in matters of patrimonial liability.

e) Royal Decree 1398/1993 of 4 August, approving the Rules of Procedure for the Exercise of the Sanctioning Authority.

(f) Royal Decree 772/1999 of 7 May 1999 regulating the submission of applications, letters and communications to the General Administration of the State, the issue of copies of documents and the return of originals and the the arrangements for registration offices.

(g) Articles 2.3, 10, 13, 14, 15, 16, 26, 27, 28, 29.1.a), 29.1.d), 31, 32, 33, 35, 36, 39, 48, 50, paragraphs 1, 2 and 4 of the additional first provision, the third additional provision, the first transitional provision, the second transitional provision, the third transitional provision and the fourth transitional provision of Royal Decree 1671/2009 of 6 November 2009, for which the Law 11/2007, of 22 June, of electronic access of the citizens to Public Services.

Until, in accordance with the provisions of the seventh final provision, the provisions relating to electronic registration of proxies, electronic registration, electronic access point of the Management and electronic single file shall keep in force the articles of the standards referred to in points (a), (b) and (g) relating to the above matters.

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

Final disposition first. Competence title.

1. This Law is adopted in accordance with the provisions of Article 149.1.18. of the Spanish Constitution, which attributes to the State the competence to lay the foundations of the legal system of public administrations and competition in the field of common administrative procedure and system of responsibility of all public administrations.

2. Title VI of the legislative initiative and of the power to issue regulations and other provisions and the additional provision for the second accession of the Autonomous Communities and Local Entities to the platforms and registers of the Administration General State, they are also approved under the provisions of Article 149.1.14. of the General Finance, as well as Article 149.1.13. which gives the State jurisdiction in the field of bases and coordination of planning general economic activity.

3. The provisions of Articles 92, first paragraph, 111, 114.2 and the second transitional provision shall apply only to the General Administration of the State and to the other paragraphs of the various provisions laid down in its application. exclusive within the scope of the General Administration of the State.

Final disposition second. Amendment of Law 59/2003 of 19 December, electronic signature.

In Law 59/2003 of 19 December, an electronic signature, a new paragraph 11 is included in Article 3 with the following wording:

" 11. All systems of electronic identification and signature provided for in the Law of Common Administrative Procedure of Public Administrations and in the Law of Legal Regime of the Public Sector shall have full legal effects. "

Final disposition third. Amendment of Law 36/2011 of 10 October, regulating social jurisdiction.

Law 36/2011 of 10 October, regulating social jurisdiction, is worded as follows:

One. Article 64 is worded as follows:

" Article 64. Exceptions to previous reconciliation or mediation.

1. Except for the requirement of an attempt to reconcile or, where appropriate, mediation, the processes requiring the exhaustion of the administrative route, where appropriate, those dealing with social security, those relating to the challenge of collective redundancy for workers ' representatives, enjoyment of holidays and electoral matters, geographical mobility, substantial modification of working conditions, suspension of the contract and reduction of working time for economic, technical, organizational or production or derived from force majeure, rights of reconciliation of life personal, family and employment matters referred to in Article 139, the ex officio initiates, those of contestation of collective agreements, those of contestation of the statutes of the trade unions or of their modification, those of protection of the rights In the case of the Court of Justice of the European Union, the Court of First Instance held that the Court of First Instance held that the Court of Justice held that the Court of First Instance had to gender-based violence.

2. Also, except:

(a) Those processes in which the State or other public entity is a defendant is also a private person, provided that the claim is to be subject to the exhaustion of the administrative route and in this way decide the litigation issue.

(b) The assumptions in which, at any point in the process, after having addressed the ballot or the application against certain persons, it was necessary to direct or extend the ballot to persons other than those initially demand.

3. Where, by the nature of the claim exercised, the conciliation or mediation agreement which could be reached may have legal effect, the process of the abovementioned requirement of the prior attempt, if the parties are to attend, may be The time limit shall be suspended or the limitation period shall be suspended in the form set out in the following Article. '

Two. Article 69 is worded as follows:

" Article 69. Exhaustion of the administrative route prior to the social court.

1. In order to be able to sue the State, Autonomous Communities, local authorities or entities governed by public law with their own legal personality linked to or dependent on them, it will be necessary to have exhausted the administrative route, when so proceed in accordance with the rules of the applicable administrative procedure.

In any event, the public administration must notify the persons concerned of the decisions and administrative acts affecting their rights and interests, containing the notification of the full text of the resolution, with indication whether or not it is final on the administrative route, the expression of the resources which it comes from, the body before which they must be submitted and the time limit for bringing them together, without prejudice to the possibility of the persons concerned being able to exercise, where appropriate, any other estimates from.

The notifications containing the full text of the act omitted any of the other requirements set out in the preceding paragraph shall keep the limitation periods and the limitation periods suspended and only the periods of limitation take effect from the date on which the data subject carries out actions involving the knowledge of the content and scope of the resolution or act which is the subject of the notification or resolution, or is involved in any action taken.

2. The person concerned may, within a period of two months before the court or the competent court, be able to formalise the application from the time the administrative route has been exhausted. The application shall be accompanied by a copy of the decision rejecting the application or supporting the decision of the administrative appeal, as the case may be, by joining the defendant in a copy.

3. In the case of shares arising from dismissal and other shares which are subject to an expiry date, the time limit for the application shall be 20 working days or the special one which is applicable, from the day following that in which the application was made. the act or the notification of the contested decision, or since the administrative route has been exhausted in all other cases. '

Three. Article 70 is worded as follows:

" Article 70. Exceptions to administrative path exhaustion.

It will not be necessary to exhaust the administrative route to bring demand for protection of fundamental rights and public freedoms against acts of public administrations in the exercise of their powers in the field of labor and trade union, although the time limit for the application will be 20 days from the day following the notification of the act or the time limit set for the decision, without further formalities; when the injury to the fundamental right has its origin in the administrative inactivity or acting in fact, or had been brought If an administrative appeal is made, the period of 20 days shall be 20 days from the complaint against the inactivity or via the action, or from the lodging of the appeal, respectively. "

Four. Article 72 is worded as follows:

" Article 72. Link to the prior administrative complaint in respect of social security benefits or prior administrative action.

In the process they will not be able to introduce the parts substantial variations of time, quantities or concepts with respect to those that are the object of the administrative procedure and the actions of the interested or the Administration, either in the form of a prior complaint in respect of social security benefits or of an appeal which runs the administrative route, except in respect of new facts or which could not have been known before. "

Five. Article 73 is worded as follows:

" Article 73. Effects of the prior administrative claim on social security benefits.

The prior claim for social security benefits shall interrupt the time limits and suspend the periods of limitation, the latter being resumed on the day following that of the notification of the judgment or of the the time limit in which it is deemed to be rejected. '

Six. Article 85 is worded as follows:

" Article 85. Conclusion of the trial.

1. If there is no compromise in conciliation, then the trial will be followed and the action will be taken.

Prior to the decision, the parties shall be informed, in an oral and oral manner, on any prior questions that may be raised in that act, as well as on the resources or other outstanding issues of resolution, without prejudice to the subsequent succinct substantiation in the judgment, where appropriate. The parties shall also be heard and, where appropriate, shall be settled, in a reasoned and oral manner, on the matters which the judge or tribunal may raise at that time on its jurisdiction, the budgets of the application or the scope and limits of the claim made, respecting the procedural guarantees of the parties and without prejudicing the substance of the case.

The plaintiff will then ratify or expand its claim, although in no case will it be able to make substantial variation in it.

2. The defendant shall reply by stating or in particular denying the facts of the application, and on the basis of any exceptions it considers to be made.

3. It may only make counter-claims where it has announced it in the conciliation prior to the proceedings or in the defence of the prior claim on social security benefits or judgment which runs the administrative route, and has in essence the facts in which it is founded and the request in which it is made. The counter-claim shall not be admissible if the court is not competent, if the action to be taken in a different procedural mode and the action is not cumulative, and where there is no connection between its claims and those which are the subject of of the main demand.

It will not be necessary to counterclaim to claim compensation of debts, provided that they are due and enforceable and no pretense of reconventional conviction is formulated, and in general when the defendant wields a claim that he only to be cleared of the claim or form of order sought by the main application, being sufficient to be satisfied in the defence of the claim. If the precise obligation to determine the judicial decision is not to be settled in advance of the judgment, it will be necessary to express in particular the facts underlying the exception and the manner of settlement of the debt, as well as having announced the same in the prior conciliation or mediation, or in the case of a claim for social security benefits or a resolution that deplete the administrative route. The counterclaim shall be made to the other parties for its defence in the terms laid down for the application. The same transfer procedure shall be agreed to provide a response to the procedural exceptions, if they are alleged.

4. The parties shall use the word as many times as the judge or tribunal deems necessary.

5. Furthermore, in this act, the parties may plead as soon as they deem appropriate within the meaning of Article 191 (3) (b) by offering, for the appropriate time, the evidence necessary to substantiate their claims. allegations. It will not be necessary to provide evidence on this particular issue when the fact that the process affects many workers or beneficiaries is notorious for its very nature.

6. If procedural questions are not raised or if, if the parties or their advocates have been challenged, the parties or their advocates shall determine the facts on which the litigants are in conformity or disconformity, if necessary in the case of act or, where appropriate, by diligence, succinct reference to those essential elements which are in conformity, for the purposes of further appeal. The parties may also provide the parties with brief notes for the calculation or summary of numerical data.

7. In the case of a total or partial raid, the court, hearing the other parties, shall approve of the prohibition of rights, fraud of law or prejudice to third parties, or to be contrary to the public interest, by means of a resolution which may be given orally. If the search is complete, a sentence of conviction shall be given in accordance with the claims of the actor. Where the break-in is partial, a self-approval may be issued, which may be effected by the formalities of the partial final execution, provided that by the nature of the order sought, a statement of reasons is possible. which does not prejudge the remaining non-raided issues, in respect of which the act of judgment will continue.

8. The judge or tribunal, once the evidence has been carried out and before the conclusions, unless there is any opposition from either party, may give rise to the possibility of reaching an agreement and not to be reached at that time the conclusion of the agreement shall be continued. of the judgment. "

Seven. Article 103 is worded as follows:

" Article 103. Filing of the demand for dismissal.

1. The worker may claim against the dismissal within 20 working days of the date on which it was produced. This time limit shall be valid for all purposes and shall not be counted on Saturdays, Sundays and public holidays at the seat of the court.

2. If a conciliation ballot or a request for mediation or dismissal is promoted against a person who has wrongly been assigned the quality of the employer, and is subsequently accredited, either in the judgment or at another time prior to the proceedings, which was a third party, the worker may promote a new claim against the worker, or extend the claim if the judgment has not been held, without the calculation of the expiry date starting until the time of the record of the person who is the employer.

3. The rules of this Chapter shall apply to the challenge of the business decisions on termination of contract with the necessary specialities, without prejudice to Article 120 and the substantive consequences of each of them. type of contract extinction. "

Eight. Article 117 is worded as follows:

" Article 117. Requirement for the exhaustion of the administrative route prior to the court.

1. In order to sue the State for processing salaries, it will be a prerequisite to have claimed on the administrative basis in the form and time limits established, against whose refusal the employer or, if applicable, the worker, may promote the appropriate action before the court that he met in the instance of the dismissal process.

2. The application shall be accompanied by a copy of the administrative decision rejecting the application or the application for payment.

3. The limitation period for this action is that provided for in Article 59 (2) of the recast of the Law on the Workers ' Statute, the calculation of which is initiated, in the case of a complaint made by the employer, from the moment in which the latter suffers the loss of assets caused by the payment of the processing wages and, in the event of a claim by the worker, from the date of notification to the same of the court of law which has declared the insolvency of the employer. "

Final disposition fourth. Regulatory references.

The references to Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, shall be construed as references to the Law of the Common Administrative Procedure of the Public Administrations or the Law of Legal Regime of the Public Sector, as appropriate.

Final disposition fifth. Regulatory adaptation.

Within one year of the entry into force of the Law, the state, regional and local regulatory norms of the various regulatory procedures that are incompatible with the provisions of the law must be adapted to the same. this Act.

Final disposition sixth. Normative development of the Law.

The Council of Ministers and the Minister of Finance and Public Administrations, in the field of their powers, are empowered to dictate how many regulatory provisions are necessary for the development of this Law, to agree on the measures necessary to ensure the effective implementation and implementation of the provisions of this Law.

Final disposition seventh. Entry into force.

This Law shall enter into force in the year of its publication in the "Official Gazette of the State".

However, forecasts regarding electronic registration of proxies, electronic registration, registration of qualified public employees, electronic general access point of the Administration and electronic single file will produce effects within two years of the law's entry into force.

Therefore,

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

Madrid, 1 October 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY