Understanding Nullity, Notifications, and Administrative Procedures in Spain
Article 62: Nullity of Administrative Acts
1. Acts of public authorities are considered null and void in the following cases:
- Those that infringe upon rights and freedoms subject to constitutional protection.
- Those dictated by a manifestly incompetent body due to the subject matter or territory.
- Those with impossible content.
- Those that establish a criminal offense or are issued as a result of one.
- Those issued completely disregarding the legally established procedures or the rules governing the formation of the will of collegiate bodies.
- Acts contrary to the law (expressed or presumed) regarding the acquisition of powers or duties, lacking essential requirements for their acquisition.
- Any other case expressly provided for in a statutory provision.
2. Administrative provisions that violate the Constitution, laws, or other superior administrative provisions, those governing matters reserved to the law, or those establishing the non-retroactivity of favorable penal provisions or those restrictive of individual rights, will also be null and void.
Article 58 (LRJ): Notifications
1. Interested parties shall be notified of decisions and administrative actions that affect their rights and interests, as provided in the following article.
2. All notices must be sent within ten days from the date on which the act was issued. They must contain the full text of the resolution, indicating whether it is administratively final, the available remedies, the body to which they must be submitted, and the deadline for lodging an appeal. This is without prejudice to the parties concerned exercising any other action deemed appropriate.
3. Notifications containing the full text of the act but omitting other requirements from the preceding paragraph shall take effect from the date on which the applicant performs activities that imply knowledge of the content and scope of the resolution or act, or in the case of any appropriate action.
4. Without prejudice to the preceding paragraph, and for the sole purpose of understanding the fulfillment of the obligation to notify within the maximum duration of procedures, a notification containing at least the full text of the resolution and proof of attempted notification will suffice.
Act 30/1992 – Article 109: End of Administrative Proceedings
The following bring administrative proceedings to an end:
- The resolution of appeals.
- The resolutions of impeachment proceedings referred to in Article 107.2.
- The decisions of administrative bodies that have no superior, unless a law provides otherwise.
- Other resolutions of administrative organs when a law or regulation so provides.
- Agreements, covenants, or contracts considered to have finalized the procedure.
Law 26/2010 – Article 75: The Administrative Order
1. In the field of the Administration of the Government, the following acts of administrative organs put an end to administrative proceedings:
- a) The President of the Generalitat, the Government, the directors and, where appropriate, the First Minister and Minister first, and the vice president or vice presidents.
- b) The general secretaries, CEOs, and boards of public agencies and entities dependent on the administration of the Government in personnel matters.
- c) Any other body, whether acting under delegation from a body whose action terminates the proceedings.
- d) Organs that are not superior, unless a law provides otherwise.
- e) Other bodies, if a standard so establishes.
2. Acts that exhaust administrative remedies are:
- a) The resolution of appellate proceedings.
- b) The resolution of grievance procedures or challenges to the provisions of Article 79.
- c) Agreements, covenants, or contracts that have the effect of completing the procedure.
3. For the purpose of filing appeals, it is understood that the governing bodies of public agencies or entities dependent on the Administration mentioned above are the same as the counselor of the department of assignment, unless a law provides otherwise.
4. Agreements and resolutions adopted by the constituent entities of local government exhaust administrative remedies in cases established by the legislation on local government.