Tema 16 - Administrativos - SAS - Servicio Andaluz de Salud - Volumen 1

Name: Tema 16 - Administrativos - SAS - Servicio Andaluz de Salud - Volumen 1
Uploaded: 2024-07-19T08:25:14.000Z
Duration: 4 h

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Law 39/2015: Common Administrative Procedure

Key Aspects of Law 39/2015

Discussion on the administrative law framework, specifically Law 39/2015, focusing on its application and principles.

The law aims to regulate external relations between administration and citizens, promoting an electronic and transparent administration.

Implementation Timeline

The law came into effect one year after its publication (October 2, 2015), with certain provisions delayed until April 2, 2021.

New Features Introduced by Law 39/2015

Scope and Application

The law applies to all public sector entities, including public universities under specific regulations.

Identification and Electronic Signature

Introduction of new means for representation in public administration through electronic power of attorney or registration in official records.

Administrative Procedures Under Law 39/2015

Record Keeping Requirements

Each public administration must maintain a general electronic registry for powers of attorney and ensure document authenticity and integrity in archives.

Notification Processes

Emphasis on electronic notifications as preferred methods within administrative procedures; simplified processing timelines established (maximum resolution period is set at 30 days).

Legal Framework Changes

Objectives of the Law

The primary objective is to regulate validity requirements for administrative acts across all public administrations, including sanctions and claims against them.

Legislative Initiative Principles

Additional procedural steps may only be included if justified by effectiveness or necessity; special regulations can be established based on specific circumstances or subject matter.

Scope of Application

Definition of Public Administration Entities

Overview of Administrative Law in Spain

Structure of Autonomous Communities and Local Administration

The administration entities within autonomous communities, local administrations, and public law entities are governed by specific regulations as outlined in the legal framework.

Public law corporations operate under their own specific norms while executing public functions delegated by law or other public administrations.

Regulatory Framework for Public Administration

The organs of public administrations are defined in Chapter 2 of Title Preliminar of Law 40/2015, which outlines the legal regime for the public sector (LRJSP). Articles 5 to 22 detail these regulations.

Article 5 specifies that administrative organs include units assigned with functions that have legal effects on third parties or whose actions are mandatory. Each administration must define its own administrative units within its jurisdiction.

Creation and Functioning of Administrative Organs

Establishing any new administrative organ requires compliance with several criteria: integration form within the relevant administration, hierarchical dependency, function delimitation, and necessary funding for operation. No duplication of existing organs is allowed unless it is verified that no similar function exists elsewhere in the same administration.

Article 6 allows administrative organs to direct activities through instructions and service orders when deemed appropriate; such directives must be published officially but do not invalidate acts if not followed strictly.

Advisory Bodies and Their Role

Consultative bodies can be established either as independent entities or through services providing legal assistance without hierarchical dependence on active administration bodies, ensuring collegial action during consultations as per Article 7 of LRJSP.

Competence Within Administrative Structures

Definition and Delegation

Administrative competence refers to the set of functions legally attributed to a specific organ; it is irrenounceable except under delegation conditions specified by law (Article 8). Competence can also be decentralized among hierarchically dependent bodies based on regulatory provisions.

Delegation Procedures

Delegation of Competencies in Public Administration

Overview of Delegation Process

The delegation of competencies must be approved by the relevant governing bodies before being enacted, ensuring alignment with assigned objectives and management efficiency.

Delegated competencies cannot include matters related to state leadership, government presidency, or legislative assemblies at various levels. This restriction maintains the integrity of critical governmental functions.

Any delegation or revocation of competencies must be published in the official state bulletin or corresponding regional/provincial publications to ensure transparency and public awareness.

Conditions for Delegation

Resolutions made under delegated authority must explicitly indicate this status and are considered as actions taken by the delegating body itself, reinforcing accountability.

Certain competencies that require a mandatory report or opinion cannot be delegated once such documentation has been issued during a procedure, preserving procedural integrity.

Delegations can be revoked at any time by the original delegating authority, allowing for flexibility in administrative governance. Special rules apply when dealing with collegiate bodies requiring specific majorities for decision-making processes.

Abrogation and Management Assignments

Abrogation Procedures

Higher authorities may abrogate cases typically handled by subordinate entities if technical, economic, social, legal, or territorial circumstances warrant it; this ensures responsiveness to changing conditions.

In cases where competencies are delegated to non-hierarchical entities, only the delegating authority can initiate an abrogation through a justified agreement that must be communicated to involved parties promptly.

Management Assignments

Administrative activities may be assigned to other public entities based on efficiency needs or lack of adequate resources within the original body; however, these assignments do not transfer ownership of competency rights.

The entity receiving an assignment is responsible for adhering to data protection regulations concerning personal data accessed during execution of tasks assigned under management agreements.

Formalization and Publication Requirements

Formalization Rules

When management assignments occur between public entities within the same administration framework, they should follow internal regulations or explicit agreements among involved parties; publication is required for effectiveness in official bulletins.

Administrative Delegation and Competence

Delegation of Signature Authority

The article 12 of the LRJSP allows administrative heads to delegate signature authority for resolutions and acts within their competence, either by attribution or delegation.

Delegated signatures do not alter the competence of the delegating body, and publication is not required for validity. It must be noted in the resolutions that a delegation has occurred.

Temporary Substitution in Administration

Article 13 outlines that administrative heads can be temporarily replaced during vacancies, absences, or illnesses. If no substitute is designated, the immediate superior will appoint someone to exercise the competencies.

The substitution does not change the original body's competence and does not require publication for validity. Designations can occur through royal decrees or subsequent appointments when necessary.

Handling Incompetence in Administrative Matters

Article 14 states that if an administrative body deems itself incompetent regarding a matter, it must forward proceedings to what it considers the competent body while notifying interested parties.

Interested parties may request a decline of competence from an ongoing body or approach another they believe is competent to demand inhibition from handling the matter.

Collegiate Bodies in Public Administration

Articles 15 to 22 define collegiate bodies as those formally created with three or more members assigned administrative functions such as decision-making and advisory roles within public administration.

The legal regime governing these bodies adheres to specific norms while allowing for organizational peculiarities across different administrations.

Operational Norms and Functioning of Collegiate Bodies

Collegiate bodies involving social interest organizations can establish their own operational rules while remaining integrated into public administration without hierarchical participation unless specified otherwise.

Creation agreements and operational norms must be published in official bulletins; additional publicity may occur through other media channels ensuring awareness among stakeholders.

Role of Secretaries in Collegiate Bodies

Article 16 mandates each collegiate body have a secretary responsible for ensuring legal compliance, certifying actions, and maintaining procedural integrity.

If a non-member secretary is substituted by a member, all rights are retained by that member during their tenure as secretary.

Conducting Sessions Remotely

Article 17 permits collegiate bodies to convene sessions both physically and remotely unless explicitly stated otherwise in internal regulations.

Intercommunication and Validity of Sessions

Electronic Communication Methods

The session's validity includes real-time intercommunication and the availability of electronic means such as email, audio conferences, and video conferences.

Requirements for Constituting a Body

For a valid constitution of the body during sessions, the presence (either in-person or remote) of the president, secretary, or their substitutes is required along with at least half of its members.

Conditions for Valid Meetings

The body can be considered validly constituted if representatives from public administrations and social interest organizations are present either physically or remotely.

Decision-Making Without Prior Notice

Collegiate bodies may establish their own rules for convocations; they can convene without prior notice if all members agree.

Notification Procedures

Notifications must be sent electronically to members detailing the agenda and necessary documentation for deliberation, including connection conditions and technical requirements for participation.

Deliberation Rules and Voting

Agenda Limitations

No matters outside the agenda can be discussed unless all members are present and urgency is declared by majority vote.

Voting Outcomes

Decisions will be made by majority vote; when voting remotely, decisions are deemed adopted where the collegiate body's headquarters is located.

Exemption from Responsibility

Members who vote against or abstain from votes are exempt from any resulting responsibilities related to those agreements.

Certification and Documentation

Requesting Certifications

Individuals with legitimate interests may request certification of agreements from the secretary via electronic means unless stated otherwise.

Session Minutes Protocol

An act must be recorded by the secretary after each session detailing attendees, agenda items, circumstances of time/place, main discussion points, and adopted agreements.

Recording Sessions

Recording Practices

Sessions may be recorded; recordings alongside certifications ensure authenticity. Documents used in sessions should accompany minutes without needing to detail discussion points within them.

Approval Process for Minutes

Approval Mechanism

Minutes can be approved in the same meeting or at the next one; they will be sent electronically to members who can express agreement or objections through similar means.

Regulations Governing Collegiate Bodies

Governance Framework

Regulations on Collegiate Bodies

Structure and Functioning of Collegiate Bodies

The vice president or the highest-ranking member by seniority and age will substitute for the president if necessary. This regulation does not apply to collegiate bodies specified in Article 15, where substitution must be explicitly regulated.

Members of the collegiate body must receive a minimum two-day notice for meetings, including an agenda. Relevant information regarding agenda items should be made available to members within the same timeframe.

Members are entitled to participate in debates, vote, express their voting rationale, and cannot abstain if they hold public office as part of their role in the collegiate body.

Members cannot assume representation functions unless expressly granted by law or valid agreement from the collegiate body itself. In cases of absence or illness, substitutes will take over.

For certain collegiate bodies mentioned in Article 15, social interest organizations can replace their members with others who are accredited. Members cannot perform these functions when there is a conflict of interest.

Role and Responsibilities of Secretaries

The secretary's temporary replacement during vacancies or absences follows specific norms; otherwise, it is determined by agreement within the body. The secretary attends meetings with voice but no vote unless they are also a member.

Responsibilities include convening sessions at the president's order and managing communications from members regarding notifications or requests for data.

The secretary is tasked with preparing agendas, drafting minutes of sessions, issuing certifications for consultations and agreements approved during meetings.

Minutes must reflect any dissenting votes or abstentions upon request from respective members. Any member may request a full transcription of their contributions if no recording exists.

Dissenting opinions can be submitted in writing within two days after a decision has been made; these will be included with approved texts. Minutes are approved either in the same session or at the next meeting.

Establishment and Classification of Collegiate Bodies

A collegiate body's establishment requires clear definitions regarding its objectives, administrative integration, composition criteria for its president and other members as outlined in its creation norm or inter-administrative agreements.

Essential elements include defining its purpose (objectives), administrative structure (hierarchical dependency), membership composition criteria (including selection processes), decision-making functions (advisory roles), and necessary funding provisions for operation.

The legal framework governing these bodies aligns with Article 19 regulations while accommodating organizational peculiarities stated in relevant laws or creation agreements.

Types of Collegiate Bodies

Collegiate bodies within state administration are classified based on composition:

Interministerial bodies consist of members from various ministries.

Ministerial bodies comprise components solely from one ministry’s organs.

Organizational Structure and Function of Collegiate Bodies

Composition of Collegiate Bodies

The composition of collegiate bodies may include representatives from other public administrations, contingent upon voluntary acceptance or specific agreements.

Social interest organizations and members with specialized knowledge can participate in collegiate bodies based on the nature of their assigned functions.

Creation, Modification, and Suppression of Collegiate Bodies

The establishment of collegiate bodies within the general administration requires a specific norm published in the official state bulletin when they hold certain competencies.

Competencies that necessitate formal creation include decision-making powers, proposal issuance for mandatory reports, and oversight responsibilities over other administrative actions.

For inter-ministerial collegiate bodies led by higher-ranking officials, a royal decree is required; otherwise, joint ministerial orders suffice for others.

Operational Guidelines for Collegiate Bodies

In cases not covered by previous stipulations, collegiate bodies will function as working groups or commissions created through ministerial agreements without direct effects on third parties.

Modifications or dissolutions follow the same procedures as creation unless specified otherwise in the original establishment norms.

Abstention and Recusal Procedures

Principles of Impartiality

Public authorities must perform their duties impartially; thus, laws establish abstention and recusal protocols to manage conflicts of interest effectively.

Grounds for Abstention

Authorities must abstain from involvement if personal interests conflict with their duties. This includes having pending litigation with interested parties or familial ties up to fourth-degree consanguinity.

Additional grounds include professional associations with involved parties or having previously acted as an expert witness in related matters.

Consequences of Non-Abstention

Failure to abstain when required does not automatically invalidate actions taken but may lead to accountability measures against those involved.

Recusal Process Overview

Initiating Recusal

Interested parties can initiate recusal at any point during proceedings if they believe there are valid grounds based on prior articles.

Procedure for Addressing Recusal Claims

A written request must detail the reasons for recusal. The accused party must respond regarding whether they acknowledge these claims within a day.

Resolution Timeline

If a cause is acknowledged by superiors after review, immediate substitution occurs; otherwise, decisions are made within three days following necessary investigations.

Legal Framework: Law 39/2015

Definition of Interested Parties

Understanding Interested Parties in Administrative Procedures

Definition of Interested Parties

Individuals or entities are considered interested parties in administrative procedures if they promote their rights or legitimate interests, whether individually or collectively.

Associations and organizations representing economic and social interests hold collective legitimate interests as recognized by law.

Representation in Administrative Procedures

Interested parties with legal capacity can act through representatives for administrative actions unless explicitly stated otherwise.

Physical persons and legal entities may represent others before public administrations, provided it is allowed by their statutes.

Accreditation of Representation

Representation must be accredited for significant acts; mere procedural actions may presume representation without formal proof.

Valid means of accreditation include personal appearance, electronic presence, or registration in the competent public administration's electronic registry.

Handling Insufficient Accreditation

Lack of sufficient accreditation does not invalidate the act if rectified within a 10-day period granted by the administrative body.

Public Administration's Role

Public administrations can authorize individuals or entities to perform specific electronic transactions on behalf of interested parties under defined conditions.

Identifying New Interested Parties

Notification Process for New Interested Parties

If new individuals with direct rights or interests are identified during a non-public procedure, they will be notified about the ongoing process.

Verification of Identity in Administrative Procedures

Obligations for Identity Verification

Public administrations must verify the identity of interested parties using official identification documents like national ID cards.

Electronic Identification Systems

Interested parties can identify themselves electronically through various systems:

Certificates from trusted certification service providers (2a).

Qualified electronic seal certificates (2b).

Any other system deemed valid by public administrations (2c).

Communication Requirements for New Systems

Regulations on Data Handling and Electronic Signatures

Overview of Technical Resources for Data Management

The necessity for technical resources to collect, store, process, and manage identification systems is mandated within the European Union territory.

Special categories of data must comply with Article 9 of EU Regulation 2016/679 regarding personal data protection and free movement.

Access and Transfer Restrictions on Data

Judicial and administrative authorities must have access to the specified data; however, this data cannot be transferred to third countries or international organizations unless certain conditions are met.

Exceptions include cases where a decision by the European Commission allows such transfers or when fulfilling international obligations assumed by Spain.

Acceptance of Identification Systems

Acceptance of identification systems by the General State Administration serves as proof against all public administrations unless proven otherwise. This includes electronic identification in administrative procedures.

Electronic Signature Systems

Types of Accepted Signature Systems

Individuals can sign documents using any method that verifies their intent and consent while ensuring document integrity. Valid signature systems include:

Qualified electronic signatures based on qualified certificates from trusted service providers.

Qualified electronic seals based on similar certification standards.

Any other system deemed valid by public administrations, provided it has prior user registration to ensure identity verification.

Legal Effectiveness Timeline

A two-month period is required after communication about new systems before they gain legal effectiveness, during which security concerns may prompt state intervention if necessary.

Obligations for Public Administrations

Public administrations must ensure that the use of specified signature systems is feasible across all procedures and processes, including those outlined in previous sections regarding technical resource requirements located within EU territory.

Use Cases for Identification in Administrative Procedures

General Requirements

Generally, individuals need only verify their identity through any means outlined in this law for administrative actions.

Specific Situations Requiring Mandatory Signatures

Mandatory use of signatures is required for:

Submitting applications.

Presenting responsible declarations or communications.

Filing appeals.

Withdrawing actions.

Renouncing rights.

Assistance with Electronic Means

Support Obligations

Access to Electronic Means in Public Administration

Access Channels and Electronic Systems

The public administrations will assist individuals not included in specific sections of Article 14 with electronic means upon request, particularly regarding identification and electronic signatures.

If an individual lacks the necessary electronic means for identification or signature, a public official can validly perform these actions using their own electronic signature system.

The individual must identify themselves to the official and consent to this action, which must be documented for any disputes that may arise.

Interoperability of Administrative Records

The General State Administration, autonomous communities, and local entities will maintain updated records of officials authorized for identification or signatures as regulated by this article.

These records must be fully interoperable and interconnected with other public administration systems to verify the validity of authorizations.

Rights of Citizens in Administrative Procedures

Rights Related to Public Administration Interaction

Article 13 outlines rights for individuals interacting with public administrations, including communication through a general electronic access point.

Citizens have the right to assistance in using electronic means, utilize official languages within their autonomous community, access public information per transparency laws, and expect respectful treatment from authorities.

Data Protection and Responsibilities

Citizens are entitled to hold public administrations accountable legally when appropriate and have rights concerning personal data protection.

This includes ensuring security and confidentiality of personal data held by public administration systems.

Electronic Communication Obligations

Choice of Communication Methods

Individuals can choose whether to communicate electronically with public administrations unless mandated otherwise; they can change their chosen method at any time.

Mandatory Electronic Relations

Certain groups are required to interact electronically for administrative procedures: legal entities, unincorporated organizations, professionals needing mandatory registration (e.g., notaries), representatives of obligated individuals, and public employees acting on behalf of their administration.

Rights During Administrative Procedures

Knowledge of Procedure Status

Access Rights and Procedures in Public Administration

Access to Documents and Information

Individuals have the right to access and obtain copies of documents related to administrative procedures.

Electronic means will serve as a general access point for public administration, fulfilling the obligation to provide document copies through this portal.

Authorities responsible for processing procedures must be identifiable; original documents are generally not required unless specified by applicable regulations.

Rights During Administrative Procedures

Individuals can submit allegations, utilize legal defenses, and present documents at any stage before the hearing process.

They are entitled to receive information regarding legal or technical requirements imposed on proposed actions or requests.

Individuals may act with assistance from advisors when deemed necessary for defending their interests.

Obligations and Notifications

In sanctioning procedures, individuals have rights such as being notified of alleged facts, potential sanctions, and the identity of the authority handling their case.

There is a presumption against administrative responsibility unless proven otherwise.

Collaboration with Administration

Citizens are expected to collaborate with administration as per applicable laws, providing necessary reports or inspections unless it violates confidentiality rights.

Interested parties aware of data identifying others who haven't participated must report this information to public offices.

Language Use in Administrative Procedures

The official language for procedures within state administration is Spanish; however, regional languages may also be used where applicable.

If multiple interested parties use different languages, proceedings will default to Spanish while requested documents will be issued in the chosen language.

Document Management in Public Administration

Electronic Registration Systems in Public Administration

Overview of Electronic Registries

Public organisms linked to each administration can maintain their own electronic registry, which will be fully interoperable and interconnected with the general electronic registry of the respective administration.

Both the general electronic registry and individual registries must comply with data protection laws, ensuring security measures are in place for personal data handling.

Creation and Management of Registries

The creation provisions for electronic registries will be published in the official journal, with full texts available for consultation at the electronic access point.

Entries in these registries will follow a chronological order based on document reception or dispatch, indicating dates when transactions occur.

Documentation Process

Each entry in an electronic registry will include essential details such as nature, date and time of submission, identification of interested parties, and relevant administrative bodies involved.

An automatic receipt will be generated upon registration that includes a copy of the submitted document along with its timestamp and registration number.

Submission Methods

Documents can be submitted electronically to the appropriate administrative body or through various other means including postal services and diplomatic offices abroad.

All public administrations' registries must ensure full interoperability to guarantee compatibility and seamless transmission of registered entries across systems.

Digitalization Requirements

Physical documents presented to public administrations must be digitized according to applicable regulations before being incorporated into electronic administrative files.

Original documents may be returned to individuals unless specific regulations require their retention by the administration.

Accessibility and Updates

Regulations may mandate certain documents to be submitted electronically for specific procedures based on individuals' capabilities or access to necessary technology.

Public administrations are required to publicly maintain an updated list of offices providing assistance for electronic document submissions.

Special Considerations for Unique Registries

Documents not adhering to special submission requirements established by law will not be considered officially submitted within the registry system.

Specific Case: Junta de Andalucía's Unique Registry System

The Junta de Andalucía has established a unique electronic registry applicable across its various agencies, ensuring documentation tracking is consistent throughout its operations.

The competent department responsible for managing this unique registry is tasked with overseeing technological support related to it.

Electronic Document Management and Administrative Acts

Electronic Document Submission and Management

The electronic submission of documents to relevant entities is permitted when it involves service provision or administrative procedures, as outlined in the legal framework governing such processes.

Any discrepancies regarding the issuance or reception of electronic documents will be managed by the competent authority responsible for processing the document in question.

The electronic registry will be interoperable with other public administration registries, ensuring compatibility and interconnection as mandated by common administrative procedure legislation.

Document Archiving Requirements

Each administration must maintain a unique electronic archive for documents related to completed procedures, adhering to applicable regulatory standards.

Electronic documents must be stored in formats that guarantee authenticity, integrity, and long-term preservation while allowing access regardless of time elapsed since issuance.

Security measures must be implemented for storage media to ensure document integrity, confidentiality, and compliance with data protection laws.

Administrative Acts: Definition and Requirements

Definition of Administrative Acts

An administrative act is defined as a unilateral legal action taken by an administration that differs from regulations; it represents a declaration made under administrative authority.

According to Professor Zanobini, an administrative act reflects the will or judgment expressed by the administration while exercising its non-regulatory powers.

Key Requirements for Administrative Acts

Article 34 outlines that acts issued by public administrations must comply with established requirements and procedures, whether initiated ex officio or at the request of interested parties.

Article 35 mandates that certain acts limiting subjective rights or legitimate interests must include succinct references to facts and legal grounds justifying their decisions.

Various types of acts require motivation based on specific criteria including limitations on rights, resolutions in review proceedings, suspension agreements, and more detailed procedural actions.

Formality in Administrative Acts

Documentation Standards

Article 36 specifies that administrative acts should generally be documented in writing through electronic means unless another form is deemed more appropriate due to their nature.

Administrative Acts and Their Efficacy

Consolidation of Administrative Acts

When multiple administrative acts of the same nature (e.g., appointments, concessions, licenses) are required, they can be consolidated into a single act by the competent authority. This act will specify individuals or circumstances that delineate its effects for each interested party.

Validity and Nullity of Administrative Resolutions

According to Chapter 2 of Title 3 of the LPAC, specific provisions state that particular administrative resolutions cannot violate general regulations, even if issued by an equal or higher authority.

Resolutions that contravene established regulatory provisions are deemed null. Additionally, any resolution falling under causes outlined in Article 47 is also invalid.

Executive Nature and Effects of Administrative Acts

All public administration acts governed by administrative law are presumed valid and effective from their issuance date unless stated otherwise.

Retroactive efficacy may be granted to acts replacing annulled ones or producing favorable effects for interested parties, provided no rights or legitimate interests of others are harmed.

Compliance with Normative Framework

Norms and acts issued by public administration bodies must be adhered to by all other administrative entities regardless of hierarchical dependencies.

If a public administration needs to issue an act based on another deemed illegal by a different body, it can request annulment or revision according to Article 44 of Law 29/1998.

Notification Procedures for Administrative Acts

The issuing body must notify affected parties about resolutions within ten days post-issuance. Notifications should include the full text and indicate whether they conclude the administrative process.

Notifications lacking certain requirements will take effect once the interested party takes actions indicating awareness of the resolution's content.

Electronic Notification Practices

To fulfill notification obligations within procedural time limits, notifications containing at least the full text suffice if attempts at proper notification have been documented.

Public administrations may implement necessary measures to protect personal data in resolutions directed at multiple interested parties.

General Conditions for Notifications

Notifications should preferably occur electronically; however, non-electronic methods may be used under specific conditions such as spontaneous appearances by interested parties requesting personal communication.

Regardless of delivery method, notifications remain valid if they provide proof of dispatch and access dates/times along with complete content details.

Notification Procedures in Administrative Law

Electronic Notification Access and Requirements

Individuals must have access to necessary electronic means for notifications, including identifying an electronic device or email address for regulated notices.

Certain notifications cannot be conducted electronically if they involve non-convertible elements, such as payment instruments like checks.

Notifications will be electronic when there is an obligation to interact with the administration this way; otherwise, alternative methods may be used to ensure receipt confirmation.

Data Collection and Notification Rejection

Public administrations can obtain data on individuals' addresses from national statistics databases for initiating procedures.

If a notification is rejected by the interested party or their representative, it will be documented in the file along with details of the attempt.

Notification Acknowledgment and Validity

Regardless of whether notifications are sent via paper or electronically, public administrations must send a notice to the communicated electronic device or email about the availability of a notification.

The absence of this notice does not invalidate the notification; if multiple notifications occur through different channels, the earliest date will be considered valid.

Paper Notification Procedures

All paper notifications must also be made available on the administration's electronic headquarters for voluntary access by interested parties.

If no one is present at an individual's residence during delivery attempts, any person over 14 years old can accept it. If unsuccessful after two attempts within three days, it will be recorded accordingly.

Electronic Notification Practices

When accessing content online, individuals may opt for future notifications to occur electronically.

Electronic notifications are deemed completed once accessed; if mandatory but not accessed within ten days, they are considered rejected.

Handling Unknown Recipients

Administrative Acts and Their Publication

Overview of Administrative Act Publication

Article 45 of the LPACAP states that administrative acts must be published when required by regulatory norms or for public interest reasons determined by the competent authority.

Notifications to a large, undefined group may occur through publication if individual notifications are deemed insufficient; this is in addition to any individual notifications made.

For selective procedures, publications must specify where subsequent announcements will be made, and those published elsewhere are invalid.

Publications should include all elements required for notifications as per Article 40.2, allowing for joint publication of acts with common elements while specifying unique aspects.

The official journal corresponding to the relevant administration is designated for publishing acts.

Notification Limitations and Additional Forms

If a notification via announcement could harm rights or legitimate interests, only a brief indication of the act's content and location for full access will be published in the official journal.

Administrations may use additional notification methods but must still publish in the official journal.

Nullity and Annulability of Administrative Acts

Grounds for Nullity

Article 47 outlines that certain administrative acts are null from inception if they violate constitutional rights or freedoms, are issued by incompetent authorities, or lack legal procedure adherence.

Acts that infringe on criminal law or disregard essential procedural rules also fall under nullity provisions.

Conditions Leading to Annulability

Article 48 specifies that administrative acts can be annulled if they breach legal regulations; however, mere formal defects lead to annulability only if they prevent proper defense for interested parties.

Actions taken outside established timeframes result in annulability only when dictated by nature of terms involved.

Consequences of Nullity and Annulability

Limits on Effects

The nullity or annulability of an act does not affect subsequent independent actions within the same procedure nor does it invalidate unaffected parts unless critical to the act's validity.

Conversion and Conservation of Acts

Nulled or annulled acts containing valid elements may produce effects akin to another distinct act.

The authority declaring nullity must ensure conservation of unchanged acts despite infractions.

Validation Procedures

Revisión de los Actos Administrativos

Introducción a la Revisión de Actos Administrativos

La revisión de actos administrativos es una potestad otorgada por la ley a la administración pública para rectificar, sustituir o anular actos administrativos.

Esta revisión puede ser realizada de oficio o a solicitud de interesados, siguiendo procedimientos establecidos en el ordenamiento jurídico.

Nulidad y Anulación de Actos Administrativos

Según el artículo 106 de la LPACAP, las administraciones pueden declarar la nulidad de actos que hayan puesto fin a la vía administrativa o que no hayan sido recurridos en plazo.

Se requiere un dictamen favorable del Consejo de Estado o un órgano consultivo equivalente antes de declarar dicha nulidad.

Procedimientos y Plazos

El órgano competente puede inadmitir solicitudes sin necesidad del dictamen si no se basan en causas válidas para nulidad.

Si se inicia un procedimiento sin resolución en seis meses, este caduca; si es a solicitud del interesado, se considera desestimado por silencio administrativo.

Declaración de Lesividad

Las administraciones pueden impugnar actos favorables anulables mediante declaración previa de lesividad para proteger el interés público (artículo 107).

La declaración debe realizarse dentro de cuatro años desde que se dictó el acto y requiere audiencia previa a los interesados.

Suspensión y Revocación

Iniciado el procedimiento, el órgano competente puede suspender la ejecución del acto si causa perjuicios irreparables (artículo 108).

Las administraciones pueden revocar sus actos desfavorables mientras no haya transcurrido el plazo de prescripción y siempre que no contravenga leyes ni principios jurídicos (artículo 109).

Límites y Competencias en Revisión

Las facultades para revisar están limitadas por circunstancias como prescripción o equidad (artículo 110).

Organismos Públicos y Entidades de Derecho Público

Dependencia y Estructura

Se discute la relación de dependencia entre los organismos públicos y las entidades de derecho público con la administración general del estado.

Los órganos a los que están adscritos estos organismos son responsables respecto a los actos y disposiciones dictados por el máximo órgano rector.

Se menciona la importancia de entender cómo se estructuran estas relaciones para una mejor gestión pública.

La claridad en la jerarquía organizativa es crucial para el funcionamiento efectivo de las entidades públicas.