Administrative Act Review and Appeals Explained
1. Who reviews void administrative acts?
Void administrative acts can be reviewed by the office of public administrations or upon request and with the assent of the State Council or equivalent advisory body. The fact that the law recognizes this possibility for citizens is very important, because if the Administration does not comply with the request, the applicant may ask the same question to the courts.
2. What acts generally terminate proceedings?
Generally, proceedings are terminated by:
- Decisions on any appeals.
- Resolutions from dispute procedures that substitute for appeals, where permitted by rules.
- Decisions of administrative hierarchy where a statutory provision allows, unless a law provides otherwise.
- Other resolutions of administrative bodies, when a law or regulation so provides.
In the field of the General State Administration, proceedings are terminated by:
- Administrative acts of the governing bodies and organs.
- Acts issued by Ministers and Secretaries of State in the exercise of their powers.
3. What types of termination exist for the automatic review of void acts?
Termination can be express or implied.
4. What are the effects of the automatic review of void acts?
The declaration of invalidity primarily establishes the invalidity of the act. As a general rule, the act ceases to produce effects in the future and may also cease to be productive in the past. In some cases, there may be compensation. The administrative act can be remedied administratively and can be challenged in the Courts.
5. Who is competent to resolve the automatic review of void acts?
The Council of Ministers is competent. In the General State Administration: Ministers, Secretaries of State. If the act was issued by the Autonomous Community or Local Government, it shall be reviewed by the competent authority in the area of each Administration.
6. When can a rehearing be appealed?
A rehearing may be appealed when it involves a financial claim in the administrative-financial jurisdiction.
7. Under the procedure of harmfulness, who is competent to declare an act harmful?
If the act originated from the General State Administration or an Autonomous Community, the declaration will be adopted by the national competent authority in each area. If the act originated from entities comprising the Local Administration, it will be adopted by the plenary.
8. Can the Administration revoke all such acts? Explain.
The Administration may withdraw unfavorable or adverse acts at any time, provided that such revocation does not constitute a waiver or exemption not allowed by law, or is contrary to the principle of equality, the public interest, or the legal system. However, acts that are favorable or declaratory of rights generally cannot be revoked unless they are void or voidable and specific procedures (like review of void acts or declaration of harmfulness) are followed.
9. How does an administrative dispute procedure for harmfulness work?
Administrative remedies are concerned with actions that call upon the Administration to eliminate or reform an administrative act. The procedure of harmfulness is a procedural means regulated by law to nullify acts that are declaratory of rights. In this case, the Administration itself does not directly eliminate the administrative act but initiates the process that leads to its potential nullification through judicial review.
10. Is a complaint the same as a claim?
No. A complaint relates to delays, neglect, poor service, or any other activity involving nonconformity. A claim seeks compensation for damage.
11. How many categories of administrative remedies are there?
There are ordinary, extraordinary, and special categories.
12. What are the competent administrative bodies to resolve administrative appeals?
The appeal may be submitted either before the body that issued the act or before the body competent to resolve it. However, the filing, in the strict sense, is before the body that will resolve the appeal.
13. Can stakeholders make submissions during the processing of a special appeal?
Yes, stakeholders can make submissions during the processing of certain special appeals, such as the appeal for review or economic-administrative appeals.
14. What are the grounds for a special appeal for review?
Grounds for a special appeal for review include:
- The act was based on a factual error evident from documents in the file.
- Essential documents relevant to the resolution appear which, although later, provide evidence of the error in the decision.
- Documents or testimonies that influenced the decision were declared false by a definitive judicial sentence, previous or subsequent to the resolution.
- The resolution was issued as a result of corruption, bribery, violence, or other similar conduct declared by virtue of a final judicial decision.