Tema 17 - Administrativos - SAS - Servicio Andaluz de Salud - Volumen 1

Welcome to Ediciones Rodio's YouTube Channel

Introduction to Resources for Oposiciones

• Welcome message introducing the channel and its focus on providing key resources for exam preparation. Encouragement to like and subscribe for updates.

• Mention of digital and paper formats available for study materials, inviting inquiries via email.

Understanding Administrative Procedure Law

Overview of Administrative Procedures

• Discussion on the complexity of administrative activities, emphasizing that multiple acts are often required to achieve a legal end.

• Definition by Carnelutti describing administrative procedure as a combination of legally linked acts with causal effects.

Key Components of LPACAP

• The LPACAP (Law 39/2015) defines administrative procedures as an ordered set of actions formally executed according to legal channels. It outlines phases such as initiation, ordering, instruction, termination, and execution.

Phases of Administrative Procedure

• Initiation: Governed by Chapter 2 (Articles 54-69), procedures can start either ex officio or at the request of interested parties.

Preliminary Actions Before Initiation

• Article 55 allows competent authorities to open a period for preliminary information gathering before starting proceedings, especially in sanctioning cases where facts need precise determination.

Provisional Measures in Administrative Procedures

Adoption and Conditions

• Article 56 discusses how competent authorities may adopt provisional measures either on their own initiative or upon request if necessary for ensuring effective resolution outcomes based on proportionality principles.

Urgent Situations

• In urgent cases requiring immediate action to protect interests involved, provisional measures can be adopted prior to formal initiation but must be confirmed within 15 days post-adoption; otherwise, they become ineffective.

Types of Provisional Measures

Administrative Procedures and Initiation

Accumulation of Administrative Procedures

• The administrative body that initiates or processes any procedure can, either on its own initiative or at the request of a party, consolidate it with others that have substantial identity or intimate connection, provided the same body is responsible for processing and resolving them.

• No appeals will be allowed against the decision to accumulate procedures.

Initiation of Procedures by Administration

• Article 58 of LPACAP states that procedures may be initiated ex officio by agreement from the competent authority, either through its own initiative or due to a superior order based on justified requests from other bodies.

Types of Initiation

• Own Initiative: Defined in Article 59 as actions taken based on direct or indirect knowledge of circumstances, behaviors, or facts relevant to the procedure by the competent authority.

• Superior Order: Article 60 specifies that an order from a higher administrative body must detail potential responsible individuals and describe behaviors constituting administrative infractions.

Requests for Procedure Initiation

• A justified request for initiation (Article 61) can come from any administrative body lacking competence but aware of relevant circumstances. This request does not bind the competent authority but requires communication regarding non-initiation reasons.

Specific Requirements for Requests

• In sanctioning procedures, requests should specify potential responsible parties and details about possible infractions including timeframes and locations involved.

• For patrimonial responsibility cases, requests must identify damages caused to individuals/groups along with causal relationships and economic evaluations if feasible.

Reporting Infractions

• According to Article 62, a report (denuncia) allows anyone to inform an administrative body about facts justifying initiation. Reports must include identities and detailed accounts when they could indicate an infraction.

Conditions for Reports

• If reporting involves harm to public administration assets, non-initiation decisions must be justified and communicated back to reporters.

• Reporters who participated in infractions may be exempted from penalties if they provide evidence enabling initiation before sufficient elements are available.

Special Considerations in Sanctioning Procedures

• The competent authority must reduce penalties if reporters contribute significant new evidence after ceasing their involvement in infractions without destroying related evidence.

Procedural Integrity

• The mere act of reporting does not grant interested party status within proceedings.

Agreement on Initiation in Sanctioning Procedures

• Article 63 mandates that sanctioning procedures always begin ex officio by agreement from the competent authority while ensuring separation between investigative phases and sanctioning responsibilities assigned to different bodies.

Key Restrictions

• No sanctions can be imposed without proper procedural processing; additionally, new sanctioning procedures cannot commence for ongoing infractions until a first executive resolution has been reached.

Communication of Initiation Agreements

Regulatory Procedures and Responsibilities

Initiation of Regulatory Procedures

• The initiation agreement must include the identification of responsible individuals and the facts leading to the procedure, including potential qualifications and sanctions.

• It should specify the instructor's identity and any secretary involved, along with their recusal regime. Additionally, it must identify the competent authority for resolution.

• The agreement must inform about the possibility for the accused to voluntarily acknowledge responsibility as per Article 85, alongside any provisional measures agreed upon by the competent authority.

• Rights to make allegations and participate in hearings during proceedings should be clearly indicated, including deadlines for such actions; failure to respond may lead to consideration of a resolution proposal.

• In exceptional cases where initial qualification elements are lacking at initiation, this can be addressed later through a charge sheet that must be notified to interested parties.

Special Considerations in Liability Procedures

Starting Procedures Ex Officio

• When public administrations initiate liability procedures ex officio, it is essential that the right to claim has not expired as per Article 67.

Notification Process

• The initiation agreement will be communicated to affected individuals, granting them ten days to submit allegations or evidence relevant to their claims; proceedings will continue even if they do not participate within this timeframe.

Application Requests for Initiation

Requirements for Applications

• Applications must contain personal details of the requester and their representative if applicable, along with preferred notification methods (electronic or physical). Interested parties can also provide email addresses for notifications regarding submissions.

• Clear articulation of requests is necessary; applications should include signatures or proof of authenticity directed towards specific administrative units with corresponding identification codes provided by assistance offices when needed.

Group Applications

• Multiple individuals with similar claims may submit a single application unless specific procedural regulations dictate otherwise; electronic submissions require acknowledgment receipts confirming date and time of submission.

Mass Submission Systems

• Public administrations are required to establish models allowing mass submission of applications so that multiple requests can be filed simultaneously; these models will be available electronically or at assistance offices.

Standardized Request Systems

Automatic Checks and Modifications

Legal Framework for Administrative Claims

Overview of Claim Deadlines and Procedures

• The deadline for claiming compensation begins from the moment of recovery or determination of the extent of sequelae, particularly in cases where administrative annulment is recognized. Claims must be made within one year following notification of the resolution.

• In matters concerning patrimonial responsibility as outlined in sections 4 and 5 of the Public Sector Legal Regime Law, claims must be filed within a year from publication in the Official State Bulletin or the Official Journal of the European Union.

• Article 66 stipulates that requests must detail injuries sustained, presumed causal relationships with public service operations, economic evaluations of liability if possible, and when injuries occurred. Supporting documents should accompany these requests.

Submission Requirements and Corrections

• If an initiation request does not meet requirements specified in Article 66 or other applicable legislation, applicants will be notified to correct deficiencies within ten days; failure to do so may result in dismissal.

• Extensions up to five days may be granted at the applicant's request or by initiative from the authority if document submission poses special difficulties.

Modifications and Electronic Submissions

• Authorities can request voluntary modifications to applications initiated by interested parties. A succinct record will be created for procedural incorporation.

• When submissions are made physically by certain subjects referenced in Articles 14.2 and 14.3, authorities will require electronic submission corrections; dates will reflect when corrections were made.

Declaration Responsibilities

• A "declaration responsible" is defined as a document signed by an applicant affirming compliance with current regulations necessary for recognizing rights or exercising faculties.

• Applicants must maintain documentation proving compliance with declared obligations throughout recognition periods; authorities can demand this documentation at any time.

Communication Protocols

• "Communication" refers to documents through which applicants inform competent public administrations about their identification data or other relevant information needed for initiating activities or exercising rights.

• Both declarations responsible and communications allow rights recognition or activity initiation from their presentation date while maintaining administrative oversight capabilities.

Consequences of Non-compliance

• Any inaccuracies, falsehoods, essential omissions in declarations or communications may halt rights exercise immediately upon discovery without prejudice to potential legal responsibilities incurred.

• Administrative resolutions declaring such circumstances may obligate applicants to restore prior legal situations before knowledge was gained regarding rights exercise or activity initiation.

Administrative Procedure Overview

Definition and Structure of Administrative Files

• The administrative file is defined as an ordered set of documents and actions that serve as the basis for administrative resolutions, including execution efforts.

• Electronic format is mandated for these files, which must include a numbered index of all contained documents when submitted.

• When required by law, electronic files must be sent in accordance with national interoperability standards, ensuring they are complete and authenticated.

• Auxiliary information such as drafts or internal communications does not form part of the administrative file unless it pertains to specific requested reports prior to resolution.

Procedural Efficiency and Responsibilities

Impulse of Procedures

• Procedures will be expedited automatically through electronic means while adhering to principles of transparency and publicity.

• A strict order must be maintained in processing files related to similar matters unless otherwise justified by the head of the administrative unit; failure may lead to disciplinary action.

• Designated instructors or heads responsible for procedure management are directly accountable for compliance with established timelines.

Simplification and Compliance

• In line with simplification principles, multiple procedural steps that can occur simultaneously will be consolidated into a single act where possible.

• Interested parties have 10 days from notification to fulfill required actions; non-compliance may result in forfeiture of rights regarding those actions unless rectified within specified timeframes.

Incidentals and Instructional Acts

Handling Incidental Issues

• Incidental issues raised during procedures do not suspend ongoing processes except in cases of recusal requests.

Instructional Acts Overview

• Necessary instructional acts for fact determination will be conducted electronically by the processing body while allowing interested parties to propose relevant actions requiring their involvement.

• Information systems used must ensure control over timelines, identify responsible bodies, maintain orderly processing, and facilitate transparency throughout procedures.

Procedural Regulations and Evidence in Administrative Law

Allegations and Responsibilities

• Interested parties can raise procedural defects at any time, particularly those that indicate delays or omissions of necessary steps before a final resolution.

• Articles 77 and 78 of the LPACAP outline acceptable means and periods for evidence collection, allowing relevant facts to be proven by any legally admissible method.

Evidence Collection Procedures

• If the administration doubts the facts presented, the instructor may open a proof period lasting between 10 to 30 days for further evidence gathering.

• The instructor can also grant an extraordinary proof period upon request from interested parties, limited to a maximum of 10 days.

• In sanctioning procedures, established facts from firm judicial resolutions will bind public administrations involved in related sanctioning processes.

Documentation and Reports

• Official documents prepared by recognized authorities serve as proof unless contradicted; administrative reports are considered mandatory when they pertain to public entities.

• When evaluating evidence is crucial for decision-making, it must be included in the resolution proposal.

Notification and Costs Related to Evidence

• The administration must notify interested parties sufficiently in advance about upcoming actions required for accepted proofs.

• Notifications should specify where, when, and how tests will occur; interested parties may appoint technicians to assist during these tests.

Financial Aspects of Evidence Gathering

• If tests requested by interested parties incur costs not covered by the administration, prepayment may be required pending final settlement after testing completion.

Requesting Reports for Resolution

• Article 79 mandates that necessary reports must be requested based on legal provisions or deemed essential for resolving cases; specifics regarding what is being requested should be clarified.

Timeliness of Report Issuance

• Reports should generally be issued within ten days unless otherwise specified; if delayed without valid reason, proceedings may continue except when a mandatory report is involved.

• If a report from another public administration is overdue but not received within the stipulated timeframe, proceedings can still move forward despite potential non-consideration of late reports.

Liability Procedures in Public Administration

• In liability procedures under Article 81, requesting an opinion from the service responsible for alleged compensable harm is obligatory within ten days.

• For claims equal to or exceeding €50,000 or as defined by regional legislation, obtaining an advisory opinion from the Council of State becomes mandatory.

Indemnification Procedures and Administrative Justice

Overview of Indemnification Criteria

• The indemnification process is governed by specific criteria established in the law, particularly concerning claims related to state liability due to abnormal functioning of the administration of justice. A report from the General Council of the Judiciary is mandatory within a maximum period of two months.

Suspension of Resolution Timeline

• The timeline for issuing a resolution will be suspended during the interval between requesting and receiving the necessary report, which cannot exceed two months. This ensures that all relevant information is considered before final decisions are made.

Participation Rights of Interested Parties

• Interested parties must be given an opportunity to present their arguments and documents within a timeframe not less than 10 days and not exceeding 15 days prior to drafting any resolution proposal. This promotes transparency and fairness in administrative procedures.

Public Information Period

• When required by the nature of the procedure, a public information period may be established where announcements will be published in official journals, allowing individuals or entities to examine relevant files and submit allegations within at least 20 days. This enhances public engagement in administrative processes.

Conclusion on Procedural Termination

Regulatory Framework and Administrative Procedures

Public Interest and Regulatory Acts

• The objective is to satisfy public interest through specific legal provisions that govern regulatory acts, which may conclude administrative procedures or be binding prior to their resolution.

Minimum Requirements for Instruments

• Instruments must include minimum identification of involved parties, personal, functional, territorial scope, and duration; publication requirements depend on the nature of the instrument and its intended audience.

Approval by Competent Authorities

• Any agreements concerning matters under direct authority must receive explicit approval from the Council of Ministers or equivalent bodies in autonomous communities.

Liability Procedures

• In cases involving liability procedures, agreements between parties must specify compensation amounts and methods based on criteria established in Article 34 of the Public Sector Legal Regime Law.

Complementary Actions Before Resolution

• Prior to issuing a resolution, competent authorities can decide on necessary complementary actions through a motivated agreement; these actions should not include reports immediately preceding final resolutions. Notifications regarding these actions will allow interested parties seven days to submit relevant allegations. The completion of these actions should occur within 15 days, suspending the resolution timeline until they are concluded.

Final Resolutions in Administrative Procedures

Decision-Making Process

• Resolutions concluding procedures will address all issues raised by interested parties as well as any related matters not previously mentioned; authorities may solicit additional input from interested parties within a specified timeframe before making decisions.

Congruence with Requests

• For requests initiated by interested parties, resolutions must align with their submissions without worsening their initial situation while allowing administration to initiate new proceedings if necessary.

Content Requirements for Resolutions

• Resolutions must be justified when required by law (Article 35), detailing available resources for appeals against them along with deadlines for submission; this does not preclude other rights that interested parties may wish to exercise.

Sanctioning Procedures and Proposals

Proposal Notification in Sanctioning Cases

• In sanctioning procedures, proposals for resolution need notification to involved parties according to stipulated terms; instructors can conclude cases without formal proposals if certain conditions are met (e.g., lack of evidence or expiration).

Establishing Facts and Legal Qualification

Procedural Guidelines for Administrative Sanctions

Overview of Resolution Procedures

• The resolution will declare the absence of infringement or responsibility when instruction concludes without finding any violations, unless the authority decides otherwise.

• In sanctioning procedures, resolutions must include an evaluation of evidence, particularly those that form the basis for decisions regarding facts and responsible parties.

• Resolutions cannot accept new facts outside those established during proceedings, regardless of their legal interpretation; however, if a more serious infraction is identified, it must be communicated to the accused for further allegations within 15 days.

Execution and Suspension of Resolutions

• A resolution concluding a procedure becomes executive when no ordinary administrative appeal can be made against it; precautionary measures may be adopted to ensure effectiveness until it is executed.

• If a party intends to file an administrative contentious appeal against a firm resolution, provisional suspension may occur until certain conditions are met regarding the appeal process.

Compensation Procedures

• When sanctioned actions cause damage to administrations and compensation amounts are undetermined in the case file, a supplementary procedure will establish these amounts immediately.

• This supplementary procedure can conclude conventionally but does not imply voluntary acknowledgment of responsibility by the infractor.

Causal Relationship in Liability Cases

• In cases involving patrimonial liability, once received opinions are considered or after hearing processes conclude, competent authorities will resolve or submit proposals for formalization based on existing causal relationships between public service operations and damages incurred.

Authority in Resolving Liability Procedures

• For general state administration matters concerning patrimonial liability procedures, resolutions fall under the jurisdiction of respective ministers or councils as stipulated by law.

• At regional and local levels, corresponding bodies will handle these procedures according to their legal frameworks.

Withdrawal and Renunciation Regulations

• The LPACAP outlines provisions for withdrawal by administration (Article 93), allowing motivated desistment from initiated procedures under specific conditions set forth by law.

• Interested parties may withdraw requests unless prohibited; if multiple parties initiated a request together, only those who submitted it can renounce rights.

Administrative Procedures and Their Implications

Acceptance of Withdrawal or Renunciation

• The administration will accept the withdrawal or renunciation of a procedure unless third parties interested in its continuation request otherwise within 10 days of notification.

General Interest Considerations

• If the issue raised by the initiation of a procedure involves general interest, the administration may limit the effects of withdrawal to the individual concerned while continuing with the procedure.

Caducity Regulations

• The administration must notify individuals that if their procedure is inactive for three months due to their fault, it will lead to caducity, resulting in an archive of actions.

• Caducity cannot be declared solely based on inactivity unless it pertains to essential steps required for resolution; such inactivity only results in loss of rights related to those specific steps.

Impact on Prescription Period

• Caducity does not automatically lead to prescription of actions by either party; however, expired procedures do not interrupt prescription periods where new procedures can be initiated without prior prescription.

Simplified Administrative Procedure

• Article 96 allows for simplified administrative procedures when public interest or lack of complexity justifies it. This can occur at any point before resolution.

Notification and Opposition

• When simplification is initiated by the administration, they must notify interested parties. If any oppose this decision, standard procedures must continue.

Requesting Simplification

• Interested parties can request simplified processing; if deemed inappropriate by authorities, requests can be denied within five days without recourse options available.

Special Cases: Liability and Sanction Procedures

• In cases involving liability claims against administrations where causality is clear, authorities may suspend regular proceedings and initiate a simplified process.

• For sanction-related processes, simplification may occur if sufficient evidence suggests a minor infraction exists without opposition from involved parties.

Resolution Timeline for Simplified Procedures

• Administrative matters processed simply should be resolved within 30 days following notification about simplification.

Required Steps in Simplified Processes

• Initiation either by authority or request from interested parties.

• Correction of submitted applications as necessary.

• Opportunity for allegations during a five-day period at initiation.

• Legal service reports when required.

Consultation Reports and Delays

• Consultative bodies' opinions are mandatory when specified; delays in receiving these reports will pause resolution timelines until received.

Procedural Regulations and Timeframes in Administrative Law

Overview of Validations and Procedures

• Notifications to interested parties validate all actions taken during the simplified processing of procedures, except for opinions from the Council of State or equivalent advisory bodies.

Obligatory Terms and Deadlines

• Article 29 of LPACAP establishes that terms and deadlines set by this law or others are mandatory for public authorities and interested parties involved in administrative matters.

Calculation of Deadlines

Hours-Based Deadlines

• Unless specified otherwise by law or EU regulations, hours indicated as deadlines are considered business hours. All hours within a business day count towards these deadlines.

Day-Based Deadlines

• When deadlines are expressed in days, they exclude weekends and holidays. If specified as natural days, this will be noted accordingly.

Month/Year-Based Deadlines

• For deadlines measured in months or years, the counting begins the day after notification/publication. If the last day falls on a non-business day, it extends to the next business day.

Inhabile Days Considerations

• A day may be deemed inhábil (non-business) if it is recognized as such in either the municipality where an interested party resides or at the administrative body's location.

Calendars for Deadline Computation

• The General Administration of the State and autonomous communities will establish calendars for non-business days relevant to deadline computations. These must be published annually.

Electronic Registration Rules

Office Hours Publication

• Each public administration must publish its office hours for electronic document submissions to ensure interested parties can access assistance when needed.

Electronic Submission Timing

• The official date and time from each administration's electronic headquarters govern deadline calculations. Submissions made on non-business days are treated as received on the first following business hour unless stated otherwise by regulation.

Document Presentation Order

• Documents submitted on a non-business day will be prioritized based on their actual submission time relative to other documents submitted that same day.

Extension of Deadlines

Procedural Extensions and Administrative Responsibilities

Notification and Extension of Deadlines

• The agreement for deadline extensions must be notified to interested parties, ensuring no third-party rights are harmed.

• Both the request for extension and the decision must occur before the original deadline expires; expired deadlines cannot be extended.

Technical Incidents and Cybersecurity

• Agreements on deadline extensions or denials are not subject to appeal, except against resolutions concluding procedures.

• In cases of technical incidents disrupting normal operations, the administration can extend unexpired deadlines, which must be published electronically.

General Deadline Extensions

• Following severe cyber incidents affecting services, general extensions of administrative procedure deadlines may be enacted by the administration.

Urgent Processing Procedures

• When public interest warrants it, urgent processing can reduce established deadlines by half, excluding application submissions and appeals.

• No appeals can be made against decisions declaring urgent processing applicability.

Administrative Resolution Obligations

• Article 20 establishes that administrative unit heads are directly responsible for processing files and must address any obstacles hindering rights exercise.

• Interested parties can demand accountability from the relevant public administration regarding personnel involved in their cases.

Resolution Timelines

• The administration is required to issue express resolutions across all procedures regardless of initiation form; exceptions apply in specific circumstances like renunciation or expiration.

• Maximum notification timelines for resolutions should not exceed six months unless specified otherwise by law or EU regulations.

Publication of Procedures and Deadlines

• If regulatory norms do not specify maximum timelines, a default period of three months applies.

• Public administrations must maintain updated online listings detailing procedural durations and implications of administrative silence.

Legal Responsibilities and Procedures in Public Administration

Responsibilities of Public Administration Personnel

• Personnel responsible for public administration must ensure compliance with legal obligations to issue explicit resolutions within a specified timeframe. Failure to do so may result in disciplinary action, as outlined by applicable regulations.

Suspension of Resolution Deadlines

Conditions for Suspension

• The maximum legal deadline for resolving a procedure can be suspended under specific circumstances:

• When additional information or documents are required from interested parties, the suspension lasts until compliance is achieved.

• If a prior mandatory ruling from a European Union body is needed, the suspension continues until that ruling is communicated to the relevant administrative authority.

• Ongoing EU procedures affecting resolution content also lead to suspensions until those matters are resolved and communicated.

Additional Suspension Scenarios

• Other scenarios include:

• Requests for mandatory reports from other administrative bodies extend the timeline until receipt of those reports.

• Technical tests or analyses requested by interested parties will suspend deadlines while results are incorporated into the case file.

• Negotiations aimed at concluding agreements can also cause suspensions, lasting from formal declaration until conclusion or termination of negotiations.

Legal Framework for Administrative Silence

Implications of Administrative Silence

• The concept of administrative silence allows interested parties to consider their requests approved if no explicit resolution is provided within the designated timeframe, except where laws dictate otherwise. This applies particularly when access to activities or rights is concerned, necessitating compelling reasons for any negative outcomes due to silence.

Specific Cases Affecting Silence

Silence in Administrative Procedures

Implications of Silence in Public Administration

• The concept of silence in administrative procedures can lead to negative outcomes for the environment and public service, particularly when it comes to liability claims against public administrations.

• In cases where an appeal is made against a rejection due to administrative silence, if the competent authority fails to issue a resolution within the designated timeframe, the appeal will be considered accepted. This applies unless it concerns specific matters outlined previously.

• Acceptance by silence is treated as a final administrative act that concludes the procedure, while rejection by silence only allows interested parties to file an appropriate administrative or contentious appeal.

• If acceptance occurs due to silence, any subsequent express resolution must confirm this acceptance; however, if there is a rejection after the deadline without prior notice, it can be issued without regard for previous silence.

• Acts resulting from administrative silence are valid and enforceable against both public and private entities from the moment the maximum response period expires without an express resolution being issued. Proof of such acts can be provided through various legal means, including certificates confirming silence.

Certification and Resolution Obligations

• Certificates confirming administrative silence will be automatically issued by the competent authority within 15 days after the maximum response period ends; however, interested parties may request this certificate at any time during that period.

• In cases initiated ex officio (by administration), failure to issue an express resolution does not exempt authorities from their legal obligation to resolve these matters within set deadlines. The consequences include potential recognition or establishment of rights for those involved based on silent rejection or acceptance.

Effects of Non-resolution

• If no resolution is provided in procedures that could result in favorable legal situations for interested parties who have appeared before authorities, they may consider their requests rejected due to administrative silence. Conversely, if sanctions are involved or adverse effects arise from intervention powers exercised by administration, expiration may occur instead of acceptance or rejection processes taking place.

Types of Administrative Resources

General Principles

• Articles 112 through 1226 outline regulations regarding types of resources available against resolutions and procedural acts that directly affect substantive issues or cause irreparable harm to legitimate rights and interests; these include appeals and optional repossession requests based on specified nullity grounds under articles 47 and 48.

Alternative Procedures

• Laws may replace standard appeals with alternative dispute mechanisms like mediation or arbitration when justified by specific subject matter contexts while ensuring individuals' rights remain protected throughout all administrative processes under similar conditions as established by law.

Limitations on Appeals

• No recourse exists against general provisions unless based solely on nullity claims related specifically to those provisions; such challenges must be directed at the issuing authority rather than through regular channels established for other types of disputes involving individual decisions or actions taken administratively.

Extraordinary Review Resource

• Article 113 establishes that extraordinary review resources apply only when certain conditions are met concerning firm acts within administrative proceedings; thus limiting avenues available post-finalization unless exceptional circumstances arise warranting reconsideration under defined criteria outlined therein.

End of Administrative Procedure

Key Circumstances Ending the Administrative Procedure

• The administrative procedure concludes under specific circumstances outlined in Article 125.1, including resolutions from appeals and certain administrative decisions.

• Resolutions that finalize procedures include those related to resource appeals, agreements, contracts, and administrative resolutions concerning patrimonial responsibility.

• Additional conclusions can arise from acts by government members or ministers exercising their competencies, as well as decisions from higher-level administrative bodies.

Filing an Appeal

Requirements for Filing

• When filing an appeal (Article 115), it must include the name and identification of the appellant, details of the contested act, and reasons for the challenge. Additionally, it should specify notification preferences.

• Errors in classifying the appeal will not hinder its processing if its true nature is evident; however, defects causing annulment cannot be claimed by those who caused them.

Grounds for Inadmissibility

• Article 116 outlines several grounds for inadmissibility: lack of competence in the relevant authority, absence of standing by the appellant, or if the act is not subject to appeal. Time limits for filing are also critical factors.

Suspension of Execution

Conditions for Suspension

• Generally, filing a resource does not suspend execution unless specified otherwise; however, authorities may suspend execution based on public interest considerations or potential irreparable harm to parties involved.

• Specific conditions warranting suspension include risks of significant damage due to execution or claims based on nullity causes defined in law (Article 47). If no resolution is made within a month after a suspension request is filed electronically, automatic suspension applies.

Measures During Suspension

• Upon deciding on suspension requests, necessary precautionary measures may be taken to protect public interest or third-party rights while ensuring effectiveness against potential damages during this period. Preceding guarantees may be required before effects take place post-suspension request approval.

Audience Rights

Consideration of New Evidence

Administrative Procedures and Appeals

Overview of Administrative Appeals Process

• The resolution process for appeals involves notifying interested parties, allowing them to present their arguments within a specified timeframe.

• Reports and proposals submitted by interested parties prior to the contested resolution do not qualify as new documents under this article.

• If procedural errors occur, the process may revert to the point before the error was made, with potential validation of actions by the competent authority.

• The authority resolving the appeal will address both procedural and substantive issues raised, ensuring that decisions align with requests from appellants without worsening their initial situation.

Handling Multiple Administrative Appeals

• When multiple administrative appeals arise from a single administrative act, and a judicial appeal is filed against an administrative resolution or presumed dismissal, the administrative body can suspend decision-making until judicial pronouncement.

• Notification of suspension must be communicated to all interested parties; one party's appeal does not affect others' suspended procedures stemming from the same act.

• Once a judicial ruling is issued, it will be communicated to involved parties, allowing the competent administrative body to issue resolutions without further procedures unless necessary.

Types of Appeals: Alzada and Reposición

Appeal Process (Alzada)

• Resolutions that do not conclude administrative pathways can be appealed hierarchically before a superior authority as per Article 121 of LPACAP.

• Various public administration bodies are considered dependent on their assigned authorities for hierarchical appeals; they can either appeal directly or through designated channels.

Timelines for Alzada Appeals

• If an appeal is lodged with the original issuing body, it must forward it to the appropriate authority within ten days along with relevant documentation.

• The deadline for filing an alzada appeal is one month if explicitly stated; otherwise, it can be filed anytime after silence becomes effective according to specific regulations.

Reposición Appeal Regulations

Nature and Object of Reposición

• Acts concluding administrative processes may be subject to optional reposición appeals before the same issuing body or directly in contentious-administrative jurisdiction as outlined in Article 123 of LPACAP.

Filing Deadlines for Reposición

• A reposición appeal must be filed within one month if explicitly stated; otherwise, only contentious-administrative recourse may follow after presumed dismissal occurs.

Resolution Timelines

• The maximum period for resolving reposición appeals is set at one month. No further reposición can be filed against its resolution.

Extraordinary Review Process

Grounds for Extraordinary Review

Legal Framework for Extraordinary Review

Conditions for Filing an Extraordinary Review

• The review can be initiated if essential documents are found that were not included in the original case file, which could demonstrate errors in the previous resolution.

• A review is warranted if documents or testimonies declared false by a firm judicial sentence influence the original decision, indicating potential misconduct such as prevarication or fraud.

• The timeframe to file an extraordinary review is four years from the notification of the contested resolution; in other cases, it is three months from when new evidence is known or when a judicial sentence becomes final.

Rights and Procedures Related to Review Requests

• The provisions outlined do not impede interested parties from submitting requests as per Articles 106 and 109.2 of the current law, ensuring their right to have these requests processed and resolved.