JUAN CARLOS I REY OF SPAIN

To all who present it and understand it.

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

EXPLANATORY STATEMENT

I. Justification for the reform

The Legal-Administrative Jurisdiction is a capital piece of our rule of law. Since it was established in our soil by the Laws of 2 of April 1845, July 1845, and much of the vicissitudes, it has given over its virtualities.

Above all since the Law of 27 December 1956 gave it the characteristics that it has today and the necessary powers to assume the mission that it is responsible for controlling the legality of the activity. administrative, guaranteeing the legitimate rights and interests of citizens in the face of the administration's extractions.

This Law, in fact, universally appreciated by the principles in which it is inspired and by the excellence of its technique, which combines with perfection rigor and simplicity, has made it possible to generalize the judicial control of the action administrative, although with some notable exceptions that imposed the political regime under which it was approved. He affirmed with emphasis the judicial nature of the administrative-administrative order, already established by the previous legislation, worrying about the specialization of his magistrates. And it gave birth to a simple procedure and in agile theory, consistent with its purpose of achieving an effective and alien justice to formalistic interpretations and practices that could generate its good end. In this way, the Law of the Legal-Administrative Jurisdiction of 1956 opened a necessary, if not sufficient, way to fill the many loopholes and historical limitations of our rule of law, an opportunity that was adequately This is an innovative case-law, encouraged by the spectacular development of the Spanish doctrine of Administrative Law.

However, the four decades since the Law was passed have brought numerous and far-reaching changes, in the legal order, in the political-administrative institutions and in society. These changes require, in order to achieve the same institutional ends, necessarily new solutions, since, notwithstanding the versatility of a good part of its articles, the Law of 1956 is not adjusted to the evolution of the order and the demands that the society directs the Administration of Justice.

First of all, account must be taken of the impact of the 1978 Constitution. While some of the principles on which it is based are the same principles that inspired the judicial reform of 1956 and which was deduced from the case-law drawn up under its protection, it is clear that the consequences of the constitutional text in The judicial review of the administrative activity is far superior. Only as a result of the Constitution of 1978 are the postulates of the rule of law guaranteed in our country and, among them, the right of every person to the effective judicial protection of their legitimate rights and interests, the submission of Public administration to the law and to the law and control of the regulatory authority and the legality of the administrative action by the courts. The proclamation of these rights and principles in the Constitution and their direct legal effectiveness have resulted in the implicit abrogation of those precepts of the Law on Jurisdictional Law that established limitations on access to or on the effectiveness lacking justification in a democratic system. But the scope of this abrogatory effect in relation to some extremes of the Act of 1956 has continued to be the subject of polemic, which made a legal clarification very convenient. In addition, the case-law, both constitutional and administrative-administrative, has drawn from the constitutional principles and precepts many other rules, which impose certain interpretations of that law, or even hold powers and legal proceedings not expressly provided for in the text. Finally, the influence of the Constitution on the regime of the Legal-Administrative Jurisdiction is not reduced to the provisions of Articles 9.1, 24, 103.1 and 106.1. More or less mediata, the organization, the material scope and extent and the functioning of this jurisdictional order is affected by many other constitutional provisions, both those that regulate substantive principles and rights fundamental, such as those that design the structure of our Parliamentary Monarchy and the territorial organization of the State. Like the rest of the system, the legal regime of the Administrative-Administrative Jurisdiction must also be fully adapted to the letter and spirit of the Constitution.

On the other hand, during the last five years, the Spanish society and the Spanish administration have undergone enormous changes. The first is today incomparably more developed, more free and plural, emancipated and aware of its rights than forty years ago. Meanwhile, the reduced, centralized and hierarchical administration of old has become an extensive and complex organization, endowed with multiple functions and considerable resources, decentralized territorial and functionally. To the extent of these transformations have varied in good measure and have diversified the legal forms of the administrative organization, the purposes, the content and the forms of the activity of the Administration, the rights that the people and the Social groups are in front of it and, in short, the system of relations governed by Administrative Law.

All of these changes have an impact on one or another form on the Legal-Administrative Jurisdiction.

Conceived in origin as a specialized jurisdiction in the resolution of a limited number of legal conflicts, has suffered until the saturation the extraordinary increase of the litigious between citizens and administrations These are the ones that have occurred in recent times. In this respect, the problems are common to which the judicial control systems of the Administration are supporting in many other countries.

But in addition, the legal instruments granted to the jurisdiction for the fulfillment of its purposes have been relatively outdated. In particular, in order to subject the administration's material activities and inactivity to legal control, but also to make the judicial decisions to be implemented promptly and to take precautionary measures to ensure the effectiveness of the judicial system. of the process. This is why, despite the increase in the jurisdiction, despite the creative effort of the jurisprudence, despite the development of the prudential justice and other partial remedies, the Jurisdiction-Administrative Jurisdiction is going through a critical period to which it is necessary to react through appropriate reforms.

Some of them, of course, have already been faced by the legislator in different texts, more distant or recent. In fact, the rules that have changed or that complement in some respects the jurisdiction of the jurisdiction are already so numerous and scattered that they would justify a recast in itself.

The reform that is now being dealt with, which takes as a basis the parliamentary work done during the previous Legislature-in which an estimated degree of consensus has been reached in many respects-goes far beyond that. On the one hand it takes into account these partial or indirect modifications, but not only to incorporate them into a single text, but also to correct those of its elements that judicial practice or doctrinal criticism have revealed inappropriate or capable of improvement. On the other hand, it seeks to complete the adequacy of the legal system of the administrative-administrative appeal to the constitutional values and principles, taking into account the contributions of the case-law of the Constitutional Court and the Supreme Court, the new organization of the State and the evolution of legal doctrine. Finally, it seeks to provide the Legal-Administrative Jurisdiction with the instruments necessary for the exercise of its function, in view of the circumstances in which it is today framed.

From this last point of view, the reform compacts the measures that guarantee the material fullness of the judicial protection in the administrative-administrative order and the criterion favorable to the exercise of the actions and The Court of Justice has been in favour of the Court of Justice and the Court of Justice of the European Court of Justice. The concern to achieve a balance between guarantees, both public and private rights and interests at stake, as well as the right and quality of judicial decisions, with the speed of the processes and the effectiveness of the court is one of the axes of the reform. For it is evident that a late or merely precautionary justice does not satisfy the right that Article 24.1 of the Constitution recognizes.

It is true that achieving an agile and quality justice does not depend solely on legal reform. It is also true that the control of the legality of administrative activities can and must also be carried out by other complementary channels of the judicial system, which would be necessary to improve in order to avoid the proliferation of unnecessary resources and to offer low-cost, quick-resolution formulas for numerous conflicts. But in any case, the legal regime of the Legal-Administrative Jurisdiction, irreplaceable in its dual guarantee function and creator of jurisprudence, must be adapted to the conditions of the moment to make possible that objective.

By virtue of these premises, the reform is both continuous and deeply renewing. Continue because it maintains the strictly judicial nature that the Legal-Administrative Jurisdiction already had in the previous legislation and that the Constitution has come to consolidate definitively; because it also maintains the character of The Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice has worked well, in accordance with constitutional requirements.

Nevertheless, the transcendence and breadth of the transformations to which the institution must accommodate itself made an overall revision of its legal regime inevitable, impossible to deal with by means of simple retouches of the legislation previous. Moreover, the reform is not only intended to meet the challenges of our time, but, as far as possible and with the necessary prudence, it looks to the future and introduces here and there precepts and general clauses that to the doctrinal it is necessary to provide precise content, in order to improve the functioning of the Jurisdiction.

II. Scope and extension of the Legal-Administrative Jurisdiction

Faithful to the purpose of not altering more than necessary the systematic of the previous Law, the new legal text begins by defining the scope and limits of the Jurisdiction-Administrative Jurisdiction.

Respecting the tradition and in accordance with Article 106.1 of the Constitution, it is assigned the control of the regulatory authority and the legality of the administrative action subject to Administrative Law. However, the Law incorporates the definition of the scope of the Jurisdiction of certain novelties, partly obligated and all of them transcendental.

First, it was necessary to update the concept of public administration valid for the purposes of the Law, in the attention of the organizational changes that have been produced and in connection with what other Laws have. It was also essential to confirm the subjection to the prosecution of the Legal-Administrative Jurisdiction of acts and provisions emanating from other public bodies which are not part of the Administration, where such acts and provisions have, for their content and effects, a materially administrative nature. Without the intention of meddling in any dogmatic debate, which is not the task of the legislator, the law addresses a practical problem, consisting in ensuring the judicial protection of those who are affected in their rights or interests by such acts and provisions, in almost all similar to those emanating from public administrations.

In the second term, it is clear that at the height of our historical time the material scope of the Jurisdiction would be very incomplete if that was limited to the prosecution of the pretensions that were deducted in relation to the provisions of a lower rank than the Law and with administrative acts and contracts in the strict sense.

What really matters and what justifies the existence of the Contentious Administrative Jurisdiction is to ensure, for the benefit of the interested parties and the general interest, the exact submission of the Administration to the right in all the actions it carries out in its condition of public power and in the use of the prerogatives that it corresponds to. Not all administrative action, as it is known, is expressed through regulations, administrative acts or public contracts, but the lending activity, the negotiable activities of various kinds, the material actions, the The Commission is also aware of the fact that the Commission has not been able to take action on the basis of the Commission's proposal. The legal impossibility of controlling these other manifestations of administrative action by means of the administrative and administrative resources, for a long time, is already unjustifiable, both in the light of constitutional principles and by virtue of growing quantitative and qualitative importance of such manifestations.

Therefore, the new Law submits to the control of the Jurisdiction the activity of the Public Administration of any kind that is subject to the Administrative Law, articulating for it the appropriate procedural actions.

In this line, the Law specifies the jurisdiction of the judicial-administrative judicial order in order to ascertain the questions that arise in relation not only to the administrative contracts, but also to the acts (a) separate contracts for the preparation and award of other contracts subject to the law of public administration contracts. In short, it is a question of adapting the administrative-administrative route to the law of contracts, preventing the pure and simple application of private law in actions directly connected to public utility purposes, any (i) the contractual behaviour of the public, which should be the reasons for determining it, in breach of the general principles which must govern the contractual behaviour of public subjects, by constitutional imperative and by European Community law. The guarantee of the necessary observance of such principles, which are very different from those governing purely private procurement, must, as is natural, correspond to the Legal-Administrative Jurisdiction.

Something similar must be said about the issues raised in relation to the public administration's responsibility. The principles of its peculiar legal regime, which has constitutional coverage, are of a public nature and today the Law imposes that in any case the responsibility is demanded through the same type of administrative procedure. Therefore it seems very convenient to unify the competence to know of this type of cases in the Jurisdiction-Administrative Jurisdiction, avoiding the dispersion of actions that currently exists and guaranteeing the uniformity of the jurisprudential, except, as is logical, in cases where the responsibility derives from the commission of a criminal offence.

The delimitation of the material scope of the Jurisdiction also leads to the clarification of some exclusions. The new Law respects in that sense the attribution of certain powers related to administrative activity to other jurisdictional orders that establish other Laws, for the most part for pragmatic reasons, and takes into account the provisions by the most recent legislation on jurisdictional and attributional disputes. By contrast, the Law does not already include, among these exclusions, the law relating to the so-called political acts of the Government, which was referred to in the Act of 1956.

On this last aspect, some precision should be made. The Law is part of the principle of full submission of the public authorities to the legal system, a true clause governed by the rule of law. Such a principle is incompatible with the recognition of any generic category of acts of authority-be it political, government, or political direction'per se ' of judicial review. It would certainly be a contradiction that a law that seeks to bring the legal regime of the Legal-Administrative Jurisdiction into line with the letter and spirit of the Constitution, would carry out the introduction of a whole sphere of government action. immune to the right. In reality, the very concept of 'political act' is today in frank withdrawal in European public law. Attempts to maintain it, either by delimiting a scope in the performance of the executive branch governed only by Constitutional Law, and exempt from the control of the Administrative-Administrative Jurisdiction, either by establishing a list of cases excluded from judicial review, which are inadmissible in a rule of law.

On the contrary, and in case any doubt could fit in this respect, the Law points out-in terms of positive terms a number of aspects on which in any case judicial control will always be possible, however wide the discretion of the the governmental resolution: the fundamental rights, the elements governed by the act and the determination of the compensation from the government.

III. The organs of the Jurisdiction and its powers

Since, as has been stated, the Legal-Administrative Jurisdiction is facing a very serious problem due to the increasing avalanche of resources, it is obvious that the reform of its organizational aspects should be considered priority.

The most important novelty in this chapter is the regulation of the jurisdiction of the Courts of the Administrative-Administrative. The creation of these judicial bodies, which preceded the Organic Law of the Judiciary, was received in its day with a division of opinions.

If, on the one hand, it seemed essential to decongest the Courts of the Contentious-Administrative of a good number of cases, on the other hand they raised doubts about the suitability of the Courts, unipersonal organs, for to deal with the exercise of the powers that would have to be exercised under the general clause laid down in the said Organic Law.

Certainly, the technical complexity of many of the issues and the political significance of others that would have to be prosecuted in the light of that clause has given rise to a long controversy, which was necessary to be resolved in order to implement definitely the Courts.

This reform addresses the problem with decision and with caution at the same time. It defines the jurisdiction of the Courts by means of a list system. In drawing up this list, account has been taken of the desirability of giving these single-person bodies a set of relatively uniform and less important economic and social competences, but which cover a high percentage of the the resources that are being brought before the organs of the Jurisdiction. In this way it is possible to contribute remedy to the saturation that the Superior Courts of Justice support, that will be discharged of good number of cases, although they retain the competence to judge in the first instance the most important " a priori " and all the variety of those that are included in the residual clause, which now moves to its competence scope.

For their part, the Courts obtain a set of competencies that they can reasonably exercise and that seem sufficient to consolidate the experience. First of all, nothing prevents the fact that after a first period of filming the list of competences will be reviewed in the light of that experience. However, it is clear that the success of the reform depends more than anything on the prompt and proper selection and formation of the holders of the Courts.

The reform does not end here in terms of single-person bodies. The powers of the Central Courts of the Administrative-Administrative, with jurisdiction throughout Spain, are also regulated in order to contribute to alleviating the work overload of currently highly saturated courts.

IV. The parts

The regulation of the parts contained in the Law of 27 December 1956, founded on a substantially individualistic criterion with certain corporate banks, has long been overcome and has been corrected by other subsequent rules, as well as reinterpreted by case law in a very different sense from the one originally held. The new Law is limited to the collection of successive modifications, clarifying some still obscure points and systematizing the precepts in the simplest way possible. The intention is that no one, a natural or legal person, private or public, having sufficient legal capacity and having a legitimate interest in tutoring, a comprehensive concept of subjective but broader rights, may be deprived access to justice.

On this basis, which is already deduced from the Constitution, the new provisions of the Law are essentially technical in nature. The most significant are incorporated into the precepts that regulate legitimization. As regards the active one, all the general or special rules which can be considered to be in force and in accordance with the chosen criterion have been reduced to system. The statement of assumptions gives an idea, in any case, of the evolution of the legal-administrative action, which is now a useful instrument for a plurality of purposes: the defence of personal interest, the defence of collective interests and any other legitimate rights, including those of a political nature, a mechanism for the control of the legality of the lower administrations, an instrument for the defence of their autonomy, and for the defence of rights and freedoms entrusted to certain public institutions and for that of the objective interest of the law in the legal cases of action popular, among others.

As far as passive legitimization is concerned, the background criterion is the same and leads to simplifying the above rules. In particular, it does not make sense to maintain the figure of the intervener, when no difference is already between legitimization by subjective right and by legitimate interest. On the other hand, it seemed necessary to specify a little more which administration is in demand in the event of an impeachment of acts subject to prior scrutiny and, in particular, to attribute this character, in the event of indirect impeachment of a general arrangement, to the author's administration, even if this is not the case for the action directly under appeal.

This forecast comes to give a procedural caution to the interest of each Administration in defending in any case the legality of the rules that it approves and constitutes one of the specialties of the resources that deal with the conformity to right of general provisions, which are broken down throughout the whole of the article.

In terms of representation and defense, it is distinguished between collegiate and unipersonal organs. In the first, attorney and attorney are mandatory; in the latter, the attorney general is potestative and the lawyer is mandatory. Civil servants may be able to appear on their own in matters of personnel which do not involve the separation of immovable public employees.

With regard to the representation and defense of public administrations and constitutional bodies, the Law refers to what the Organic Law of the Judiciary and the Law of Legal Assistance to the State and Institutions have. Public for all types of processes, as well as for the rules on the subject and in the framework of their competences have been dictated by the Autonomous Communities, since there is no peculiarity in the administrative and administrative disputes that deserves to be collected as a rule. with range of law.

V. Object of the resource

The few precepts included in the first two chapters of Title III contain some of the most important innovations that the Law introduces into our system of judicial control of the Administration. It is nothing less than to overcome the traditional and restricted conception of the administrative-administrative appeal as a judicial review of previous administrative acts, that is, as an appeal to the act, and to open the doors definitively for obtain justice in the face of any unlawful conduct of the Administration.

But at the same time, it is necessary to differentiate the pretensions that can be deduced in each case, since it is evident that the diversity of actions and omissions that can be the object of the resource do not allow to continue to configure this as a uniform procedural action.

Without its common characteristics, starting with the "iuris nomen", the resource supports modulations of relief depending on the object on which it falls.

Cohonestar common elements and differentials in a simple and flexible scheme is another goal of reform.

By reason of their object, four forms of appeal are established: the traditional one directed against administrative acts, whether express or presumed; the one that, directly or indirectly, deals with the legality of some general provision, which requires some special rules; the use of the administration's inactivity and the action against material acts constituting the way in fact.

Of the action against acts, the best modeling in the preceding period, little has to be renewed. The Law, however, purges the previous order of some limiting rules that lack justification, although it maintains the inadmissibility of the appeal against confirmatory acts of other firm and consented. This last rule is based on basic legal certainty, which should not only be taken into account in favour of the injured party by an administrative act, but also in the interests of the general interest and those who may be individual or collectively benefited or covered by it. In addition, the relative sacrifice of access to judicial protection maintained by that cause is less burdensome than in the past, if one takes into account the recent extension of the time limits of the ordinary administrative appeal, the lack of (a) the effectiveness of the legislation in force, without any time limit, to the defective notifications and even the extension of the powers of ex officio review. Preserving that exception is a reasonable and balanced option.

Instead, it has seemed necessary to highlight in the text of the Law the peculiarities of the resources in which the conformity to the general provisions, up to now not sufficiently considered, is rinsed.

In reality, the effects of these types of appeal and, in particular, the declaration of illegality of a general provision by any means which takes place, cannot be compared, in general terms, with those of the against acts. The difference is becoming more and more apparent in practice, if one takes into account the extent and relevance that the modern state has assumed in the field of regulatory production.

The new law ensures the widest possible possibilities for judicial review of the legality of the general provisions, preserving those that have been given in calling direct and indirect resources and eliminating all traces of the limitations to appeal which established the previous legislation. However, at the same time it seeks to ensure that the general provisions of the general provisions are dealt with quickly and that a clear and single judicial decision, which has a general effect, is always called for in order to avoid unnecessary regulatory gaps and situations of insecurity or interinity around the validity and validity of the rules. This criterion is plasma, among many other detailed rules, in the procedural treatment given to the so-called indirect resource.

So far there has been some confusion in the legal theory and in judicial practice about the effects of this kind of appeal, when the rule that applies the contested act is considered to be contrary to law.

And, what is more serious, the diffuse nature of this type of control has created situations of legal uncertainty and manifest inequality, because according to the criteria of each judicial body and in the absence of a unifying body, that does not always exists, certain provisions apply in some cases or scopes and are applied to others.

The solution is to unify the judicial decision on the legality of the general provisions in a single body, which in each case is competent to hear the direct action against them, always giving this decision of 'erga omnes' effects. Hence, where it is the same body that is aware of an indirect resource, the Law provides that it shall declare the validity or nullity of the general provision. In the case where the competent body in such an appeal is different from that which it may hear of the direct action against the provision in question, the law introduces the question of illegality.

The regulation of this procedure has taken into account the experience of the question of unconstitutionality provided for by Article 163 of the Constitution and is partially inspired by its mechanics; the analogies end here. The question of illegality has no other meaning than that of a technical remedy aimed at strengthening legal certainty, which does not preclude the prosecution of the rules by the Judge or the competent court in order to decide on the legality of the act. application of the regulation whose illegality is adduced, but which seeks to reach a unitary decision to any eventual indirect pronouncement on its validity.

Long claimed by the legal doctrine, the Law creates a resource against the inactivity of the Administration, which is unprecedented in other European orders. The appeal is directed to obtain from the Administration, through the corresponding sentence of conviction, a material provision due or the adoption of an express act in proceedings initiated of trade, where the mechanism of silence does not play administrative. In this way a legal instrument is given to the citizen to combat passivity and administrative delays. It is clear that this remedy does not allow the judicial bodies to replace the administration in aspects of their activities not prefigured by the law, including the discretion in the "quando" of a decision or a material action, nor has the power to translate into precise mandates the generic and indeterminate ratings or legal obligations to create services or to carry out activities, since in such case they would be invading the functions of that one. Hence the law always refers to specific benefits and acts which have a legal period for their adoption and hence the possible sentence of conviction must strictly order the fulfilment of the administrative obligations in the Member States. specific terms in which they are established. The judicial-administrative appeal, by its nature, cannot remedy all cases of indolence, slowness and administrative inefficiency, but only to ensure the exact compliance with the law.

Another remarkable novelty is the use of material performances in fact. This resource can be used to combat the material actions of the Administration that lack the necessary legal cover and damage legitimate rights and interests of any kind. The action has a declarative nature and of condemnayalavez, in a certain way, interdictal, to whose effect it cannot fail to relate to the regulation of the precautionary measures. As a matter of fact, the jurisdiction of the judicial-administrative jurisdiction to hear these resources is explained in a sober manner.

In the case of the action against the inactivity of the Administration, the Law establishes a prior complaint in administrative headquarters; in that of the action against the way of fact, a prior requirement of a potestative character, also in administrative headquarters. But that does not make these resources into processes against dismissal, in their case by silence, of such claims or requirements. Nor, as has been said, these new actions are in line with the traditional review of the administrative-administrative appeal, nor can it be considered that the lack of any estimate, total or partial, of the claim or the requirement is authentic. administrative, express or presumed acts. The aim is simply to give the Administration the opportunity to resolve the conflict and to avoid judicial intervention.

Otherwise, what is challenged without further formalities is, directly, the corresponding inactivity or material action, the circumstances of which delimit the material object of the process.

The rest of the precepts of Title III films to introduce some technical improvements. The concern to speed up the processing of the causes is dominant and, in particular, explains the rule that allows the Judge or Court to suspend the processing of the mass resources which have the same object and to resolve on a preferential basis one or more several of them. In this way, the repetition of formalities can be avoided, since the effects of the first or first resulting sentences could be applied to the other cases on the way of execution or, eventually, could induce the withdrawal of other resources.

VI. The procedure

1. The regulation of the ordinary administrative-administrative procedure is based on the scheme of the previous legislation. However, the changes are very numerous, since on the one hand, the practical experience and the doctrinal contributions have been taken into account and, on the other hand, special rules have been established for different types of resources, which do not require a special procedure. Based on common principles and on the same procedural scheme, the Law provides for a ductile procedure, which provides partially different answers for each case. At all times, it has been sought to reconcile the guarantees of effectiveness and speed of the process with those of defence of the parties.

The introduction of an abbreviated procedure for certain limited-value subjects, based on the principle of orality, is an important development.

The guarantees that the Law establishes to achieve the prompt and complete referral of the administrative file to the judicial body have been reformed with the intention of definitively putting a stop to administrative practices unjustifiable and too widespread, which lengthen the processing of many causes. Incompatible with the duties that the Administration has for the citizens and with that of collaboration with the Administration of Justice, it is necessary that these practices be banished forever.

In the line of seeking the speedy resolution of the proceedings, the Law provides for a number of powers in the hands of the parties or the judicial body, such as the possibility of initiating the action on demand in some cases, to request that a test, view or conclusions fail without the need for a reconciliation attempt. The criteria of the Judges and Magistrates and the collaboration of the parties will depend on these measures reaching their ends.

As far as the judgment is concerned, the Act closely follows the previous regulation. In particular, the reference to the conformity or non-conformity of the provision, performance or act generically to the law, to the legal system, is maintained, in order to understand-in the words of the explanatory memorandum of the Act of 1956 that it is It is simply to the laws that we forget that the law does not contain and circumscribes the written provisions, but extends to the principles and the immanent normativity in the nature of the institutions. It adds, however, certain provisions on the content and effects of certain judgments: those who condemn the administration to do something, those who consider claims for damages, those who annul provisions general and those dealing with discretionary actions.

In relation to the latter, the Law recalls the nature of control in law which has the legal-administrative appeal and therefore requires that the Judges and Courts cannot determine the discretionary content of the acts that annul. As is logical, this rule is not intended to restrict the powers of the judicial bodies to extend their control of the discretionary acts to the extent required by the submission of the Administration to the law, that is, by means of the prosecution of the elements governed by those acts and the guarantee of the legal limits of the discretion.

2. With regard to the appeals against the judicial decisions, the law generally complies with the provisions of the recent Law 10/1992, of April 30, of Urgent Measures of Processed Reform. But it introduces some necessary changes, motivated by the creation of the Courts of the Contentious-Administrative, which leads to reimplanting the appeals against their resolutions, and others by the experience, brief but meaningful, derived from that last procedural reform.

The new appeal of ordinary appeal against the judgments of the Courts does not, however, have a universal character. Not being the double instance in all kinds of processes a constitutional requirement, it has seemed convenient to discharge to the Supreme Courts of Justice to know also in second instance of the cases of lesser entity, in order to solve the Today they suffer. However, the appeal proceeds as long as the case has not been resolved as to the substance, in order to guarantee the normal content of the right to an effective remedy, as well as in the procedure for the protection of fundamental rights, in Disputes between administrations and when the indirect challenge of general provisions is resolved, for the most important "a priori" have all these matters.

The Law substantially raises the amount of those who have access to ordinary cassation and to a lesser extent those who can access the cassation for the unification of doctrine. Although rigorous, the measure is necessary in view of the experience of the last few years, since the amounts fixed by Law 10/1992 have not allowed to reduce the overwhelming workload that weighs on the Room of the Contentious-Administrative of the Supreme Court. While the new rules eliminate the possibility of double instances in many cases, the alternative would be to allow the progressive aggravation of that burden, already today far superior to what would be reasonable. The effects of such a situation are far more pernicious, as there is a risk of lengthening the resolution of pending appeals to the Supreme Court to extreme lengths incompatible with the right to effective justice. On the other hand, it is not possible to substantially increase the number of Sections and Magistrates of the High Court, which must be able to attend to its very important objective function of establishing the jurisprudential doctrine.

Two modalities of recourse are regulated for the unification of doctrine, the knowledge of which will correspond, respectively, to the Supreme Court and the High Courts of Justice.

It has been considered appropriate to maintain the appeal in the interest of the Law, which adapts to the creation of the Courts of the Administrative-Administrative and which, together with the traditional review facility, closes the system of challenges in this court order.

3. The Law has made an important effort to increase the guarantees of execution of sentences, always one of the grey areas of our administrative-administrative system. The starting point lies in the imperious obligation to comply with the judicial decisions and to collaborate in the execution of the resolved, which the Constitution prescribes, and in the power of the judicial organs to execute the court, that the own Constitution credits them. Prescriptions that directly enter into the right to effective judicial protection, since, as the case-law has pointed out, this right is not satisfied by a purely theoretical justice, but entails the right to the execution point of the failed on its own terms. The refusal, either expressed or implied, to comply with a judicial decision constitutes an attack on the Constitution against which no excuses can be found.

The Organic Law of the Judicial Branch, which eliminated the governmental authority to suspend and execute sentences, has, in contrast, opened the way for the expropriation of the rights recognized by the authorities in the face of the administration. However, it did not specify the causes of public utility and social interest that would legitimize the exercise of this expropriation power. The Law addresses this need, concreting three very specific assumptions, among which the preservation of the free exercise of fundamental rights and public freedoms must be highlighted.

With the exception of the foregoing, the Law regulates the way to execute the sentences that condemn the administration to the payment of the amount, without eliminating the prerogative of the inembargability of the goods and the rights of the Public Finance, since that It cannot be dealt with in isolation in the jurisdictional law, but-in its case by means of a new, comprehensive and systematic regulation of the legal status of public goods. But it compensates the person concerned economically in the face of any unjustified delay; it prevents the apparent executions, declaring the nullity of the right of the acts contrary to the pronouncements and establishing a fast way for to annul them, and specifies the possible forms of forced execution of the sentences that condemn the Administration to carry out an activity or to issue an act and grants to the judicial bodies sanctioning powers to achieve the effectiveness of the In addition, the consequences of the criminal proceedings are set aside.

Two important developments complete this chapter of the Law. The first concerns the possibility of extending the effects of a firm judgment on staff and tax matters to persons other than those in the same situation. Still regulated with the necessary caution, openness can save the reiteration of multiple unnecessary processes against so-called mass acts. The second is to grant the judicial settlement agreement the same force as the sentence for enforcement purposes, which reinforces the interest of the law in this manner of termination of the procedure.

4. The staff has been removed from the special resources, although there are still some specialties relating to this subject throughout the article. The text of the Law on Jurisdictional Law is brought to the text of the Special Process on Fundamental Rights, with the same priority and urgent nature as it already has and with important variations on the current regulations, whose restrictive nature has led, in practice, to a significant deterioration of this procedural path. The most relevant novelty is the treatment of the object of the appeal-and, therefore, of the consent in accordance with the common ground of the administrative-administrative processes, i.e., considering the injury of the rights that may be covered from the the perspective of the conformity of administrative action with the legal system. The Law seeks to overcome, therefore, the rigid distinction between ordinary legality and fundamental rights, to understand that the protection of fundamental right or public liberty will not be feasible, in many cases, if the legal development of the same.

The procedure of the question of illegality, which is initiated on its own initiative, gives the guarantee of defense of the parties with the speed that is inherent to it.

Finally, the procedure in case of prior administrative suspension of agreements is adapted to the legal cases of suspension provided for in the legislation in force, while establishing the rules that allow for its rapid processing.

5. The regulation of the precautionary measures stands out from the common provisions. The spectacular development of these measures in the case-law and the procedural practice of the last few years has come to overwhelm the moderate provisions of the previous legislation, certifying their seniority at this point. The new law considerably updates the regulation of the matter, extends the types of precautionary measures possible and determines the criteria that should serve as a guide to its adoption.

It is part of the basis that the precautionary justice is part of the right to effective protection, as the most recent case law has stated, and therefore the adoption of provisional measures to ensure the result The process should not be seen as an exception, but as a power that the judicial body can exercise whenever necessary.

The law addresses this issue through a common regulation of all precautionary measures, whatever their nature. The criterion for its adoption is that the execution of the measure or the application of the provision may cause the purpose of the appeal to be lost, but always on the basis of a sufficiently reasoned weighting of all interests in the conflict.

Furthermore, taking into account the experience of the last few years and the greater extent of the object of the litigation-administrative appeal, the suspension of the use or provision of the contested measure cannot be the only measure Possible precaution. The Law therefore introduces the possibility of taking any precautionary measure, even those of a positive nature. There are no special restrictions on this, given the common ground for all precautionary measures. It shall be for the Judge or the Court to determine which, depending on the circumstances, are necessary. Measures "inaudits part debitoral"-with subsequent appearance on the lifting, maintenance or modification of the adopted measure-are regulated, as well as measures prior to the interposition of the action in the cases of inactivity or done.

TITLE I

From the administrative-to-administrative jurisdictional order

CHAPTER I

Scope

Article 1.

1. The Courts and Tribunals of the Administrative-Administrative Order shall be aware of the claims which are made in relation to the performance of the public administrations subject to the Administrative Law, with the general provisions of the lower ranking to the Law and the Legislative Decrees when they exceed the limits of the delegation.

2. These effects shall be understood by public administrations:

a) The General Administration of the State.

(b) The Administrations of the Autonomous Communities.

c) The Entities that make up the Local Administration.

(d) Entities governed by public law that are dependent on or linked to the State, the Autonomous Communities or local entities.

3. They shall also be aware of the claims to be made in relation to:

(a) The acts and provisions concerning personnel, administration and management of assets subject to public law adopted by the competent bodies of the Congress of Deputies, the Senate, the Constitutional Court, the Court of Auditors and the Ombudsman, as well as the Legislative Assemblies of the Autonomous Communities and the autonomous institutions analogous to the Court of Auditors and the Ombudsman.

b) The acts and provisions of the General Council of the Judiciary and the administrative activity of the governing bodies of the Courts and Courts, in the terms of the Organic Law of the Judiciary.

c) The performance of the electoral administration, as provided for in the Organic Law of the General Electoral Regime.

Article 2.

The litigation-administrative jurisdictional order will know about the issues raised in relation to:

(a) The judicial protection of fundamental rights, the elements governed and the determination of the compensation that they have received, all in relation to the acts of the Government or the Councils of Government of the Autonomous Communities, whatever the nature of such acts.

(b) Administrative contracts and the acts of preparation and award of other contracts subject to the procurement law of public administrations.

(c) The acts and provisions of the Public Law Corporations, adopted in the exercise of public functions.

(d) Administrative acts of control or audit dictated by the granting authority in respect of those issued by public service dealers which involve the exercise of administrative powers. conferred on them, as well as the acts of the dealers themselves, where they can be directly challenged in this court in accordance with the relevant sectoral legislation.

e) The liability of the public authorities, whatever the nature of the activity or the type of relationship that it derives, not being able to be sued for this reason in the face of the orders civil or social jurisdictional.

f) Other matters that expressly attribute to it a Law.

Article 3.

They do not correspond to the administrative-administrative jurisdictional order:

(a) Issues expressly attributed to civil, criminal and social jurisdictional orders, even if they are related to the activity of the public administration.

b) The military-disciplinary legal remedy.

c) The conflicts of jurisdiction between the Courts and Courts and the public administration and the conflicts of attributions between organs of the same Administration.

Article 4.

1. The jurisdiction of the judicial-administrative judicial order extends to the knowledge and decision of the preliminary and incidental questions not pertaining to the administrative order, directly related to an appeal administrative-administrative matters, except those of a constitutional and criminal nature and the provisions of international treaties.

2. The decision to be taken shall not produce effects outside the process in which it is delivered and shall not bind the relevant court order.

Article 5.

1. The Legal-Administrative Jurisdiction is unextendable.

2. The organs of this court shall, of its own motion, assess the lack of jurisdiction and shall resolve on the same, after hearing of the parties and of the 10-day Joint Fiscal Ministry.

3. In any event, such a declaration shall be established and shall be made by indicating the particular court or tribunal which it considers to be competent. If the applicant party is to be brought before it within one month of the notification of the decision declaring the lack of jurisdiction, it shall be understood as having been effected on the date on which the time limit for bringing the action was initiated. administrative-administrative, if it has been formulated in accordance with the particulars of the notification of the act or is defective.

CHAPTER II

Organs and competencies

Article 6.

The judicial-administrative jurisdictional order is integrated by the following bodies:

a) Courts of the administrative-count.

b) Central Courts of the Administrative-Administrative.

c) Salas de lo Contencioso-administrativo de los Tribunals Superiores de Justicia.

d) Room of the Administrative-Administrative of the National Audience.

e) The Supreme Court's Contentious-Administrative Room.

Article 7.

1. The organs of the judicial-administrative judicial order which are competent to hear a case shall also be for all their incidents and for the execution of the judgments that will dictate in the terms set out in the article 103.1.

2. The jurisdiction of the Courts and Chambers of the Administrative-Administrative Court shall not be extendable and shall be appreciated by them, even ex officio, after hearing of the parties and of the Ministry of Public Prosecutor for a common period of ten days.

3. The statement of incompetence shall take the form of order and must be made before the judgment, the proceedings being referred to the body of the jurisdiction which is deemed competent to follow the course of the proceedings. If the jurisdiction may be a higher court in grade, a reasoned statement shall be accompanied, in order to be resolved.

Article 8.

1. The Courts of the Administrative-Administrative Court shall know, in a single or first instance in accordance with the provisions of this Law, of the resources to be deducted from the acts of the local entities when they are intended to:

(a) Personnel issues, except that they relate to the birth or extinction of the service relationship of public career civil servants.

(b) Management, inspection and collection of taxes and other revenue from public law governed by local law.

c) Licensing of building and use of soil and subsoil, provided that its budget does not exceed 250 million pesetas, as well as those for opening.

(d) Declaration of ruin and execution orders for works of preservation, reform and rehabilitation of buildings.

(e) Administrative sanctions, whatever their nature, amount and subject matter.

2. They shall also be known in the sole or first instance of the resources to be deducted from the administrative acts of the Administration of the Autonomous Communities, unless they come from the respective Governing Council, where they have as their object:

(a) Personnel issues, except that they relate to the birth or extinction of the service relationship of public career civil servants.

(b) Administrative penalties which consist of fines not exceeding 10 million pesetas and cessation of activities or deprivation of exercise of rights not exceeding six months, in the following matters:

1. Traffic, traffic and road safety.

2. Hunting, river fishing, inland fishing, shellfish and aquaculture.

3. Nuisance, unhealthy, noxious and dangerous activities.

4. Internal trade and consumer and user advocacy.

5. Public shows and recreational activities.

6. Games and machines for recreation and chance.

3. They shall be known in one or the first instance of the resources which are deducted from the provisions and acts of the State and the Autonomous Communities against the acts of the bodies, entities, entities or corporations of the public law, the jurisdiction of which does not extend to the whole of the national territory and against the decisions of the higher bodies when they fully confirm those issued by those on the basis of appeal, audit or guardianship.

Except for acts of greater than 10 million pesetas dictated by the peripheral government of the State and the state public bodies whose competence does not extend to the entire national territory, or when they exercise their powers over the public domain, public works of the State, forced expropriation and special properties.

4. It is up to the courts to know the Courts of the impeachments against the acts of the Electoral Boards of the Zone and those made in the matter of the proclamation of candidates and candidates made by any of the Electoral Boards, in the terms of the provided for in the electoral legislation.

5. They shall also know the Courts of the Administrative-Administrative of the authorizations for the entry into homes and other places whose access requires the consent of their holder, provided that this proceeds for the enforced execution of acts of public administration.

Article 9.

The Central Courts of the Administrative-Administrative Court shall know of the resources to be deducted from the administrative acts which are intended to:

(a) In the first or only instance in matters of personnel, in the case of acts dictated by Ministers and Secretaries of State, unless they relate to the birth or extinction of the service relationship of career officials, or the matters referred to in Article 11 (1) (a) on military personnel.

(b) In the sole or first instance against the acts of the central organs of the General Administration of the State in the cases provided for in Article 8 (2) (b).

(c) In the first or only instance of the judicial-administrative appeals against the general provisions and against the acts emanating from the public bodies with their own legal personality and entities belonging to the State public sector with competence throughout the national territory, without prejudice to Article 10 (1) (i).

Article 10.

1. The Chambers of the Administrative-Administrative Court of the High Courts of Justice shall in a single instance know of the resources to be deducted in relation to:

(a) The acts of the Local Entities and the Administrations of the Autonomous Communities, the knowledge of which is not attributed to the Courts of the Administrative-Administrative.

(b) General provisions emanating from the Autonomous Communities and local entities.

(c) The acts and provisions of the governing bodies of the legislative assemblies of the Autonomous Communities, and of the autonomous institutions analogous to the Court of Auditors and the Ombudsman, in the field of personnel, administration and wealth management.

(d) The acts and resolutions issued by the Regional and Local Administrative and Administrative Tribunales that put an end to the economic-administrative path.

e) The resolutions handed down by the Central Economic and Administrative Tribunal on the subject of temporary taxes.

f) The acts and provisions of the Provincial Electoral Boards and Autonomous Communities, as well as the electoral-electoral resources against the Electoral Boards agreements on the proclamation of elected and elected proclamation of the Presidents of Local Corporations, in the terms of the electoral legislation.

(g) Conventions between public administrations whose powers are exercised within the territorial scope of the relevant Autonomous Community.

(h) The prohibition or proposed modification of meetings provided for in the Organic Law Regulatory Law of Meeting.

(i) Acts and resolutions issued by organs of the General Administration of the State whose competence is extended to the entire national territory and whose organic level is lower than that of the Minister or State Secretary in matters of personnel, special properties and forced expropriation.

(j) Any other administrative actions not expressly attributed to the jurisdiction of other bodies of this court order.

2. They will know, in the second instance, the appeals promoted against judgments and orders issued by the Courts of the Administrative-Administrative, and of the corresponding complaint resources.

3. It is also up to them, in accordance with the provisions of this Law, to know the resources of review against the firm judgments of the Courts of the Administrative-Administrative.

4. They will be aware of the competition issues between the Courts of the Administrative-Administrative Region based in the Autonomous Community.

5. They shall be aware of the appeal for the unification of doctrine provided for in Article 99.

6. They shall be aware of the appeal in the interest of the law provided for in Article 101

Article 11.

1. The Chamber of the Contentious-Administrative Office of the National Court will know in a single instance:

(a) The resources to be deducted in relation to the general provisions and acts of the Ministers and the Secretaries of State in general and in the field of personnel when they relate to the birth or extinction of the relationship service of career officials.

You will also be aware of the actions against the acts of any central organs of the Ministry of Defense referred to promotions, order and seniority in the escalation and destinations.

(b) The actions against the acts of the Ministers and Secretaries of State when they are to be ratified by means of appeal or in the procedure of supervision or supervision of those who are dictated by different bodies or entities with competence throughout the national territory.

c) Of the resources in relation to the agreements between public administrations not attributed to the High Courts of Justice.

(d) Of acts of an economic and administrative nature dictated by the Minister of Economy and Finance and by the Central Economic and Administrative Court, with the exception of the provisions of Article 10.1.e.

2. In the second instance, it will know of the appeals against orders and judgments handed down by the Central Courts of the Administrative-Administrative and the corresponding complaints.

3. You will be aware of the review resources against firm judgments handed down by the Central Courts of the Administrative-Administrative Court.

4. You will also be aware of the questions of competence that may arise between the Central Courts of the Administrative-Administrative Court.

Article 12.

1. The Court of Justice-Administrative Court of the Supreme Court shall in a single instance know of the resources to be deducted in relation to:

(a) The acts and provisions of the Council of Ministers and the Government's Delegated Commissions.

(b) The acts and provisions of the General Council of the Judiciary.

(c) The acts and provisions concerning personnel, administration and management of assets adopted by the competent bodies of the Congress of Deputies, the Senate, the Constitutional Court, the Court of Auditors and the Ombudsman.

2. You will also know about:

a) The appeals of any form, in the terms established by this Law, and the corresponding complaint resources.

(b) Appeal and review against decisions given by the Court of Auditors, in accordance with the provisions of its Law on the Functioning of the European Union.

(c) The review resources against firm judgments handed down by the Boards of the Administrative-Administrative Courts of the Supreme Courts, the National Court and the Supreme Court, except as provided in the article 61.1.1. or the Organic Law of the Judiciary.

3. You will also learn about:

(a) The resources that are deducted in relation to the acts and provisions of the Central Electoral Board, as well as the contentious-electoral resources that are brought against the agreements on the proclamation of elected in the terms provided for in the electoral legislation.

b) The resources deducted against acts of the Electoral Boards adopted in the procedure for the election of members of the Boards of Government of the Courts, in the terms of the Organic Law of the Judiciary.

Article 13.

To apply the competition distribution rules contained in the above articles, the following criteria will be considered:

(a) References to the State Administration, Autonomous Communities, and Local Entities comprise the Entities and Corporations that are or are linked to each of them.

(b) The jurisdiction conferred on the Courts and Courts for the knowledge of appeals against administrative acts includes the jurisdiction of the courts and the constituent actions of the way in fact.

c) Unless otherwise expressed, the attribution of jurisdiction on the grounds of the matter prevails over that made by the administrative body responsible for the act.

CHAPTER III

Territorial Jurisdiction of Courts and Courts

Article 14.

1. The territorial jurisdiction of the Courts and the High Courts of Justice shall be determined in accordance with the following rules:

First. In general, the court in whose constituency the body which has issued the provision or the original act shall be competent.

Second. Where the appeal is for the purpose of acts of the public authorities in the field of personnel, special properties and penalties, it shall be competent, at the choice of the claimant, the Court or the Court in whose constituency he or she is domiciled or the seat of the body responsible for the original act is contested.

Third. Jurisdiction shall be the responsibility of the court in whose constituency the buildings concerned are situated where plans for urban planning and urban planning, expropriation and, in general, those involving intervention are contested. administrative on private property.

2. Where the contested act affects a plurality of addressees and is different from the Courts or Courts which are competent in accordance with the above rules, the jurisdiction shall be conferred on the court in whose constituency it has its jurisdiction. The seat of the body which has been issued by the contested original act.

CHAPTER IV

Constitution and performance of the Boards of the Administrative-Administrative Board

Article 15.

1. The Board of Appeal of the Supreme Court shall be divided into Sections, the President of which shall be the one of the oldest Chamber or Magistrate of which the Section is composed, except in the case referred to in Article 96.6 in The section referred to shall be chaired by the Chief Justice.

2. For the view or deliberation and failure, the concurrency of the presser and of the following Magistrates shall be necessary:

a) All who make up the Section to decide on appeals and review.

b) Four in other cases.

3. For the ordinary office, the concurrency of the one who is present and two Magistrates shall be sufficient.

Article 16.

1. The Chamber of the Administrative-Administrative of the National Court shall be composed of the Sections advising the number of cases, the President of which shall be the one who is of the Chamber or the oldest Magistrate of the members of the Section.

2. The Chambers of the Administrative-Administrative Court of the High Courts of Justice, where the number of its members exceeds five, shall be divided into Sections, the President of which shall be the one of the oldest Chamber or Magistrate of the Integrate the Section.

3. For the view or deliberation and judgment, and ordinary office, the concurrency of the one who is in attendance and two Magistrates shall be sufficient.

4. The decision of appeals in the interest of the law, of appeal for the unification of doctrine and of review shall be entrusted to a Section of the Administrative-Administrative Chamber which is based in the High Court of Justice composed of the President of that Chamber, who shall preside over it, by the President or Presidents of the other Chambers of the Administrative Board and, where appropriate, of the Sections thereof, in number not exceeding two; and by the Room or Rooms that are required to complete a total of five members.

If the Chamber or Chambers of the Administrative-Administrative Board have more than one Section, the Governing Board of the High Court of Justice shall establish for each judicial year the turn under which the Presidents of the Section shall occupy the posts of the regulated in this paragraph. It will also establish it among all the Magistrates who serve in the Room or Rooms.

CHAPTER V

Distribution of issues

Article 17.

1. The distribution of cases between the various Chambers of the same Court, or between the various Sections of the same Chamber, shall be agreed by the Chamber of Government of the Court of Justice, taking into account the nature and homogeneity of the matter to which refers to the resources.

2. The same criterion will be taken into account for the distribution of cases among the various Courts of the Contentious-Administrative of the same population. The approval shall be the responsibility of the Board of Governors of the High Court of Justice, on a proposal from the Board of Judges of this court order.

3. Agreements on the distribution of cases shall be adopted every two years and shall be communicated to the General Council of the Judiciary for the sole purpose of publication, before the opening of the Courts, in the Official Gazette of the State or in the Community Autonomic, as appropriate.

In the event of an altered jurisdiction of the different Courts based in the same judicial party, of the different Chambers of the same Court or of the various Sections of a Chamber for the reason of a new distribution of (a) the proceedings in proceedings shall continue to be known and the court which shall be competent at the time of the appeal, in accordance with the agreements then in force, shall fail.

TITLE II

The parts

CHAPTER I

Procedural capacity

Article 18.

They have a procedural capacity before the judicial-administrative judicial order, in addition to the persons who have it under the Law of Civil Procedure, the minors for the defense of those of their rights and legitimate interests permitted by the legal system without the need for assistance from the person exercising the parental authority, guardianship or curatella.

The groups of affected persons, non-personality unions or independent or self-employed persons, entities all eligible to be holders of rights and obligations regardless of their integration into the formal structures of the legal persons, shall also have a procedural capacity before the judicial-administrative court order where the law expressly states that.

CHAPTER II

Legitimization

Article 19.

1. They are entitled to the judicial-administrative jurisdictional order:

(a) Natural or legal persons who have a legitimate right or interest.

(b) Corporations, associations, trade unions and groups and entities referred to in Article 18 that are affected or are legally entitled to defend collective legitimate rights and interests.

(c) The State Administration, when it has a legitimate right or interest, to challenge the acts and provisions of the Administration of the Autonomous Communities and of the public bodies attached to them, as well as those of the local authorities, in accordance with the provisions of local regime law, and those of any other public entity not subject to its audit.

(d) The Administration of the Autonomous Communities, in order to challenge the acts and provisions affecting the scope of their autonomy, emanating from the State Administration and any other Administration or Public Body, as well as those of the local authorities, in accordance with the provisions of local legislation.

e) Local territorial entities, in order to contest the acts and provisions affecting the scope of their autonomy, emanating from the Administrations of the State and the Autonomous Communities, as well as those of public bodies with own legal personality linked to one or more other local entities.

f) The Fiscal Ministry to intervene in the processes determined by the Law.

g) Entities governed by public law with their own legal personality linked to or dependent on any of the public administrations to challenge acts or provisions affecting the scope of their purposes.

h) Any citizen, in the exercise of popular action, in the cases expressly provided for by the Laws.

2. The Administration of an act is entitled to challenge it in this court order, prior to its declaration of lesivity for the public interest in the terms established by the Law.

3. The exercise of actions by the neighbours in the name and interest of the local authorities is governed by the provisions of local legislation.

Article 20.

Cannot bring an administrative-to-administrative appeal against the activity of a public administration:

(a) The organs of the same and the members of their collegiate bodies, unless expressly authorized by a law.

(b) Individuals when they work by delegation or as mere agents or agents of the delegation.

(c) Entities governed by public law that are dependent on or linked to the State, the Autonomous Communities or the local entities in respect of the activity of the Administration of which they are dependent.

Except for those who have been given a specific status of autonomy in respect of such administration by law.

Article 21.

1. Is considered to be a defendant:

(a) Public administrations or any of the bodies referred to in Article 1.3 against whose activity the appeal is directed.

(b) Persons or entities whose legitimate rights or interests may be affected by the estimate of the claims of the claimant.

2. For the purposes of paragraph (a) of the preceding paragraph, in the case of public bodies or bodies subject to the audit of a territorial administration, the following shall be understood by the defendant:

a) The Body or Corporation responsible for the act or provision of the audit, if the result of the audit is approved.

(b) The exercise of the audit, if the act or provision is not fully approved by it.

3. If the applicant has founded its claims on the illegality of a general provision, the same party shall also be deemed to be a defendant, even if the action under appeal does not apply.

Article 22.

If the legitimization of the parties is derived from a legal or transmittable relationship, the causative may occur in any state of the process to the person who initially acted as a party.

CHAPTER III

Representation and Defense of the Parties

Article 23.

1. In their proceedings before a single-person body, the parties may confer their representation to a public prosecutor and shall be assisted, in any case, by a lawyer.

When the parties entrust their representation to the Advocate, it shall be to whom the proceedings are notified.

2. In their proceedings before a collegiate body, the parties shall confer their representation to a solicitor and be assisted by a lawyer.

3. They may, however, be able to appear by themselves to be civil servants in defence of their statutory rights, where they relate to personnel matters which do not involve the separation of immovable public employees.

Article 24.

The representation and defense of public administrations and constitutional bodies is governed by the provisions of the Organic Law of the Judicial Branch and the Law of Legal Assistance to the State and Public Institutions. as in the rules on the subject and within the scope of its powers have been given by the Autonomous Communities.

TITLE III

Object of the administrative-litigation resource

CHAPTER I

impeachable administrative activity

Article 25.

1. The judicial-administrative action is admissible in relation to the general provisions and to the express and presumed acts of the public administration which end the administrative route, whether final or pending, if they are They decide directly or indirectly the substance of the case, determine the impossibility of continuing the procedure, produce defenseless or irreparable damage to legitimate rights or interests.

2. It is also permissible to resort to the inactivity of the Administration and against its material actions that constitute an avenue of fact, in the terms established in this Law.

Article 26.

1. In addition to the direct challenge of the provisions of a general nature, it is also permissible for acts to be carried out in application of those provisions, on the grounds that those provisions are not in accordance with the law.

2. The lack of direct challenge to a general provision or the dismissal of the appeal against it did not preclude the challenge of the acts of application on the basis of the provisions of the previous paragraph.

Article 27.

1. Where a Judge or Court of the Administrative Court has given a firm judgment on the grounds that the content of the general provision applied is unlawful, it must raise the question of illegality before the Court of know of the direct appeal against the provision, except as provided for in the following two paragraphs.

2. Where the Judge or the Court has jurisdiction to hear an action against an act founded on the invalidity of a general provision, the judgment shall declare the validity or nullity of the provision of the right to appeal against the action. general.

3. Without the need to raise a question of illegality, the Supreme Court will annul any general provision when, to any degree, it is aware of an action against an act founded on the illegality of that rule.

Article 28.

The litigation-administrative appeal is not admissible with respect to acts that are the reproduction of other definitive and final acts, and the confirmatory acts of acts of consent because they have not been resorted to in time and form.

Article 29.

1. Where the Administration, by virtue of a general provision which does not require implementing acts or under an act, contract or administrative agreement, is obliged to make a specific provision in favour of one or more persons (i) certain persons who are entitled to it may claim that the administration has complied with that obligation. If, within three months of the date of the complaint, the Administration has not complied with the request or has not reached an agreement with the parties concerned, they may deduct the administrative and administrative action against the inactivity of the Administration.

2. Where the Administration fails to execute its final acts, the parties concerned may request their execution, and if that does not occur within one month of such a request, the applicants may make a dispute-administrative appeal, which shall be dealt with by the abbreviated procedure laid down in Article 78.

Article 30.

In case of fact, the person concerned may make a request to the Acting Administration, intiating its cessation. If such an intimation has not been formulated or is not addressed within ten days of the filing of the injunction, it may directly deduct the administrative-administrative appeal.

CHAPTER II

Claims of the parties

Article 31.

1. The applicant may seek the declaration of non-compliance with the law and, where appropriate, the annulment of the acts and provisions liable to be challenged in accordance with the preceding chapter.

2. It may also seek the recognition of an individual legal situation and the adoption of appropriate measures for the full restoration of the situation, including compensation for damages, where appropriate.

Article 32.

1. Where the appeal is directed against the inactivity of the public administration, in accordance with Article 29, the applicant may seek the court to order the administration to comply with its obligations in the specific terms in which they are set.

2. If the action is intended to constitute a factual material, the applicant may claim that it is contrary to the law, that the action is ordered to cease and that the other measures provided for in the action are to be taken, if appropriate, Article 31.2.

Article 33.

1. The organs of the judicial-administrative judicial order shall be deemed to be within the limits of the form of order sought by the parties and of the grounds underlying the appeal and the opposition.

2. If the Judge or the Court, in passing judgment, considers that the question to which he is aware may not have been properly appreciated by the parties, there may be other reasons which may be capable of establishing the appeal or the opposition. submit to them by providence that, by warning that the final judgment is not prejudged, it shall set them out and give the persons concerned a common period of 10 days to make the arguments they deem appropriate, with the time limit set to pronounce the judgment. No recourse shall be brought against the expressed providence.

3. This will also be observed if, directly challenged certain precepts of a general provision, the Court understood that it was necessary to extend the procedure to others of the same provision for reasons of connection or consequence with the precepts recurrences.

CHAPTER III

Accumulation

Article 34.

1. The claims to be deducted in relation to the same act, provision or action shall be cumulative in a process.

2. It shall also be those relating to a number of acts, provisions or actions where some are reproduction, confirmation or execution of others or there is any other direct connection between them.

Article 35.

1. The actor may accumulate in his/her application the claims of the requirements set out in the previous article.

2. If the court does not consider the cumulation to be relevant, it shall order the party to make the proceedings separately within 30 days and, if it fails to do so, that action for which it has not been given shall be terminated. compliance with the order.

Article 36.

1. If, before the judgment is given, or if there is any knowledge of the existence of any act, provision or action which he or she submits with which the procedure referred to in Article 34 is brought into consideration, the claimant may apply, within the period referred to in Article 46, the extension of the appeal to that administrative act, provision or action.

2. Of this request, which will result in the suspension of the proceedings, the parties will be transferred to submit claims within the common deadline of five days.

3. If the court has agreed to the extension, the suspension of the processing of the process shall continue as long as it is not within the same state as the initial procedure.

4. The provisions of paragraph 1 of this Article shall also apply where, in the case of administrative and administrative proceedings brought against alleged acts, the administration shall, in the course of its proceedings, express its express determination with regard to the initially deducted. In such a case, the appellant may desist from the action which is based on the acceptance of the express decision which has been made or to request the extension of the express decision. Once the withdrawal of the initial application has been lodged, the time limit for the application of the express decision, which shall be two months, shall be counted from the day following that of the notification of the appeal.

Article 37.

1. The court may, at any procedural time, at any procedural time, subject to a number of administrative and administrative appeals in respect of acts, provisions or actions in which one of the circumstances referred to in Article 34 is present. a five-day hearing of the parties, to agree on the accumulation of trade or at the request of one of them.

2. Where, before a Judge or Court, a plurality of resources with the same object is pending, the court may not accumulate and deal with one or more of the parties on a preferential basis, after hearing the parties for a common period of five years. days, suspending the course of others until sentencing in the first. The judgment must be notified to the parties affected by the suspension, who may choose to apply for the extension of their effects under the terms of Article 111, for the continuation of their proceedings or for withdrawal.

Article 38.

1. The Administration shall inform the Court, when referring to the administrative file, if it is aware of the existence of other legal and administrative resources in which the alleged accumulation of such resources may be present. chapter.

2. The Judicial Secretary shall bring to the attention of the Judge the processes that are dealt with in his Secretariat in which the assumptions of accumulation that prevent this chapter may be present.

Article 39.

Against resolutions on cumulation, extension and preferential processing will only be appealed for.

CHAPTER IV

Amount of the resource

Article 40.

1. The court or tribunal shall determine the amount of the dispute-administrative action after the pleadings of the application and the defence have been lodged, in which the parties may, by means of another, make their views known.

2. Where the judgment is not made, the Court of Justice shall require the applicant to set the amount, giving the applicant a period of not more than 10 days after which, without having done so, the court shall determine the amount of the time. respondent's hearing.

3. Where the defendant is not in agreement with the amount fixed by the claimant, it shall be set out in writing within ten days, the incident being dealt with in accordance with the provisions of these cases in the Civil Procedure Act.

4. An appeal against the order for the fixing of a value shall not be made by any other person, but the injured party may lodge the complaint in its wrongful determination, if the appeal is not prepared or the appeal for the appeal is not admissible. unification of doctrine or appeal.

Article 41.

1. The amount of the administrative dispute shall be determined by the economic value of the claim under consideration.

2. Where there are several applicants, the economic value of the claim deducted for each of them shall be treated, and not the sum of all.

3. In the case of cumulation or extension, the amount shall be determined by the sum of the economic value of the claims which are the subject of those claims, but shall not communicate to the lower-level the possibility of appeal or appeal.

Article 42.

1. In order to determine the economic value of the claim, the rules of civil procedural law shall be taken into account, with the following specialties:

(a) Where the applicant requests only the cancellation of the act, the economic content of the act shall be considered, for which account shall be taken of the principal debit, but not the surcharges, costs or any other kind of liability, unless any of the above amounts are higher than that.

(b) Where the claimant requests, in addition to the cancellation, recognition of an individual legal situation, or when he requests the fulfilment of an administrative obligation, the amount shall be determined:

First. For the total economic value of the subject matter of the complaint, if the public administration has refused, on the administrative basis, to the applicant's claims.

Second. By the difference in the amount between the subject of the complaint and the amount of the act that prompted the appeal, if the administration had partially, on the administrative basis, recognised the applicant's claims.

2. Resources intended to directly challenge the general provisions, including regulatory instruments for urban planning, which concern public officials when they are not concerned, shall be deemed to be indeterminate. (a) rights or penalties which are liable to be assessed in economic terms, as well as those in which, together with the form of pretenses, the other non-susceptible to such an assessment are cumulatively assessed.

TITLE IV

Administrative-litigation procedure

CHAPTER I

First or single instance procedure

SECTION 1 PRELIMINARY PROCEEDINGS

Article 43.

When the Administration itself is the author of any act seeking to sue its annulment before the Jurisdiction-Administrative Jurisdiction, it must, in advance, declare it as harmful to the public interest.

Article 44.

1. In the case of disputes between public administrations, an administrative appeal shall not be brought. However, where an administration makes an application for administrative disputes against another, it may require it in advance to revoke the provision, annul or revoke the act, cease or modify the material action, or initiate the activity to that is required.

2. The requirement shall be addressed to the competent body by reasoned written form which shall specify the provision, act, act or inactivity, and must be produced within two months from the publication of the standard or from the time the Requesting administration would have known or been able to know the act, performance or inactivity.

3. The requirement shall be deemed to be rejected if, within the month following its receipt, the requested person does not reply.

4. The provisions on this subject in local regime legislation are hereby set aside.

SECTION 2 INTERFACE OF THE CASE AND CLAIM OF THE CASE

Article 45.

1. The judicial-administrative action shall be initiated by a reduced document, to quote the provision, act, inactivity or act constituting a means of fact which is contested and to request that the action be taken, except where this law You have something else.

2. This document shall be accompanied by:

(a) The document certifying the representation of the comparent, except if it appears united to the proceedings of another pending action before the same Court or Court, in which case it may be requested that certification be issued for his/her union to cars.

(b) The document (s) that accredit the actor's legitimacy when the actor has transmitted it to another by inheritance or by any other title.

(c) The copy or transfer of the provision or the express act to be used, or an indication of the case in which the act or the official journal has been published. If the object of the appeal is the inactivity of the Administration or a way of fact, the body or agency to which one or the other, where appropriate, the file in which they were originating, or any other data which serves as a source, shall be mentioned. sufficiently identify the object of the resource.

(d) the document or documents certifying compliance with the requirements required to take action by legal persons in accordance with the rules or statutes which apply to them, unless they have been incorporated or inserted into the relevant body of the document referred to in point (a) of this paragraph.

3. The Court or Chamber shall, of its own motion, examine the validity of the hearing as soon as the application has been lodged. If the documents referred to in the previous paragraph are not accompanied by this, they are incomplete and, in general, provided that the Court or the Court considers that the conditions required by this Law for the validity of the appearance are not met, immediately require the sub-healing of the same, indicating a period of ten days for the appellant to take effect, and if it does not, the file of the actions will be ordered.

4. The use of lesivity shall be initiated on the basis of a request made in accordance with Article 56.1, which shall determine precisely the person (s) and his/her registered office or place of residence. This application shall be accompanied by the declaration of lesivity, the administrative file and, where appropriate, the documents referred to in points (a) and (d) of paragraph 2 of this Article.

5. The appeal against a general provision, act, inactivity or by way of fact in which there are no third parties concerned may also be initiated by means of a request for the purpose of the contested provision, act or conduct and its reasoning disconformity to law. The application shall be accompanied by the documents referred to in paragraph 2 of this Article.

Article 46.

1. The time limit for bringing an administrative dispute shall be two months from the day following that of the publication of the contested provision or the date of notification or publication of the act terminating the administrative procedure, if was expressed. If it is not the case, the time limit shall be six months and shall be counted, for the applicant and other interested parties, from the day following the day on which the alleged act occurs in accordance with its specific rules.

2. In the cases referred to in Article 29, the two months shall be counted from the day following the expiry of the time limits laid down in that Article.

3. If the dispute-administrative appeal is directed against a performance in fact, the time limit for bringing the action shall be ten days from the day following the termination of the period laid down in Article 30. If there is no requirement, the time limit shall be 20 days from the day on which the administrative action was initiated in fact.

4. The time limit for bringing an administrative dispute shall be counted from the day following the day on which the express decision of the replenishment resource is notified or where it is presumed to be dismissed.

5. The time limit for bringing an action for lesivity shall be two months from the day following the date of the declaration of lesivity.

6. In disputes between administrations, the time limit for bringing an administrative dispute shall be two months, unless otherwise provided by law.

Where the requirement laid down in the first three paragraphs of Article 44 has been preceded, the period shall be counted from the day following that in which the communication of the express agreement is received or is presumed to be rejected.

Article 47.

1. Having complied with the provisions of Article 45.3, the Court or the Chamber shall, on the following working day, agree, if requested by the appellant, that the action be announced and shall forward the office for publication by the competent body, without prejudice to the fact that it is cost-borne by the appellant in the official journal, which takes account of the territorial area of competence of the body responsible for the administrative activity under appeal. The Court or the Chamber may also agree on its own motion of publication if it considers it appropriate.

2. If the action has been initiated by application in the cases provided for in Article 45.5, the publication of the notice of interposition of the person, which shall be granted 15 days for the persons to whom they are held, shall be published. legitimate interest in upholding the conformity to the law of the contested provision, act or conduct. After this period, the application shall be transferred and the documents accompanying it shall be forwarded first by the Administration and then by the other defendants who have been personified.

Article 48.

1. The court, in accordance with paragraph 1 of the foregoing Article, or by decision if the publication is not necessary, shall require the Administration to refer the administrative file to it, ordering it to practise the sites referred to in Article 49. The file shall be claimed from the body responsible for the contested provision or act or to the body to which the inactivity or action is imposed. An authenticated copy of the files processed in previous grades or phases shall always be made before returning them to their office of provenance.

2. The file shall not be claimed in the case of paragraph 2 of the foregoing Article, without prejudice to the power conferred by paragraph 5 of this Article 48.

3. The file must be sent within a period of not longer than 20 days from the date of entry into the general register of the requested body. The entry shall be brought to the attention of the court.

4. The file, original or copied, shall be sent in full, followed and, where appropriate, authenticated, accompanied by an index, also authenticated, of the documents it contains. The Administration shall always retain the original or an authenticated copy of the files it sends. If the case is claimed by a number of Courts or Courts, the Administration will send authenticated copies of the original or the copy it retains.

5. Where the appeal against the provision has been initiated on demand, the Court may, on its own initiative or at the request of the actor, obtain the drawing-up file.

Received the file, it will be made clear to the parties for five days to make allegations.

6. Documents classified as official secrecy shall be excluded from the file by means of a reasoned decision, thus stating in the index of documents and at the place of the file where the excluded documents are to be found.

7. After the deadline for referral of the file has not been completed, the complaint shall be repeated, and if it is not sent at the end of ten days as provided for in paragraph 3, a periodic penalty payment of 50,000 to 200 000 pesetas shall be imposed on the responsible authority or employee. The fine will be repeated every twenty days, until the completion of the required.

In order to give the cause of impossibility of individual determination of the responsible authority or employee, the Administration shall be responsible for the payment of the fine, without prejudice to the fact that it is passed on to the person responsible.

8. The person to whom the fine provided for in the preceding paragraph has been imposed may be heard in court.

The hearing in justice shall be requested within three days of the notification of the fine, in writing, without the need of the Attorney or the Attorney, before the Judge or Court that has imposed it. The hearing shall be settled by order against which no appeal shall be lodged.

9. If they have not voluntarily satisfied themselves, the firm fines will be effective through the court of award.

10. If the first three periodic penalty payments are imposed without the complete file being submitted, the judge or tribunal will bring the facts to the attention of the Prosecutor's Office, without prejudice to further fines. The requirement for which the third periodic penalty payment may give rise shall contain the appropriate warning.

SECTION 3 PLACEMENT OF THE DEFENDANTS AND ADMISSION OF THE RESOURCE

Article 49.

1. The resolution to which the file is to be agreed shall be notified within five days of its adoption, to all those who appear as interested in it, and shall be required to be in demand within nine days. The notification shall be made in accordance with the provisions of the Law governing the common administrative procedure.

2. Notifications shall be sent to the Court or to the Court, incorporating the justification for the site or sites made, unless it has not been possible to take place within the time limit set for the referral of the file, where the case is to be sent without delay, and the justification for the sites once finalised.

3. Having received the file, the Court or the Court, in the light of the outcome of the administrative proceedings and the content of the document and documents annexed, shall verify that the appropriate notifications have been made for placement and, if you warn that they are incomplete, you will order the Administration to practice the necessary ones to ensure the defense of the interested parties that are identifiable.

4. Where it would not have been possible to place any interested party at the registered office, the Judge or the Court shall order the corresponding edict to be inserted in the same official journal in which the notice of the interposition was published. The edicts will be able to be personified until the time when they have been transferred to respond to the demand.

5. In the case provided for in Article 47.2, it shall be subject to the provisions set out in that Article.

6. The placement of the defendants in the lesivity facility shall be carried out in person for nine days.

Article 50.

1. The location of the Administration shall be understood as being made by the complaint of the file.

2. Public administrations shall be understood to be personified by the submission of the file.

3. Legally-placed defendants may be placed in cars within the time allowed. If they do so later, they will have to do so for the non-preclued procedures. If the procedure is not carried out in good time, the procedure shall continue, without any kind of notification of any kind being made, in strates or in any other form.

Article 51.

1. The Court or Chamber, on the basis of a complaint and an examination of the administrative file, if it considers necessary, shall declare that the appeal shall not be admissible where it shall be clearly and clearly stated:

a) The lack of jurisdiction or incompetence of the Court or Court.

b) The lack of legitimization of the appellant.

c) The action against non-susceptible activity should be brought against.

d) The time limit for the resource is expired.

2. The Court or Chamber may not accept the appeal where other substantially equal resources have been dismissed in the fund by a final judgment, mentioning in the latter case the decision or the judgment of the Court of Justice.

3. Where a substantive substantive action is contested, the Court or Chamber may also not admit the action if it is clear that the administrative action has taken place within the jurisdiction and in accordance with the rules of the legally established procedure.

In addition, where the failure to implement the obligations referred to in Article 29 is contested, the appeal shall be inadmissible if the absence of any specific obligation of the Administration in respect of the obligations is apparent. recurring.

4. The Court or the Chamber, before ruling on the inadmissibility of the appeal, shall inform the parties of the grounds on which it may be founded so that, within the common period of 10 days, they shall submit what they consider to be appropriate and accompany the documents to which they have place.

5. Against the order declaring the admission, the resources provided for in this Law may be brought in. The order of admission shall not be admissible but shall not prevent any grounds of inadmissibility at a later procedural time.

6. Declared inadmissibility under the provisions of paragraph 1 (a) of this Article shall be subject to the provisions of Articles 5.3 and 7.3.

SECTION 4 DEMAND AND RESPONSE

Item 52.

1. Received the administrative file in the Court or Court and, if completed, the sites, it shall be agreed that the appellant shall be handed over to bring the claim back within 20 days. Where the appellants are several and even if they do not act in the same direction, the claim shall be made simultaneously by all of them. The delivery of the file shall be made in original or copy.

2. If the application has not been filed within the time limit, the Court or Chamber shall, on its own initiative, declare by order the expiry of the appeal. However, the statement of claim shall be admissible, and shall produce its legal effects, if it is filed within the day on which the order is notified.

Article 53.

1. After the expiry of the term for the referral of the administrative file without it having been sent, the appellant may, on its own initiative or at the initiative of the Judge or Court, request that the time limit be given to formalize the application.

2. If, after the applicant had used the right laid down in the preceding paragraph, the file was received, the file shall be made manifest to the parties to the proceedings and, where appropriate, to be required for a common period of 10 days to enable them to make any additional claims that they deem appropriate.

Article 54.

1. The application shall be transferred, with the delivery of the administrative file, to the requested parties which have appeared, in order for it to reply within 20 days. If the application has been formalised without the administrative file being received, the defendant administration shall be called upon to reply, warning that the reply shall not be admissible if it is not accompanied by such a file.

2. If the defendant in the defendant administration considers that the administrative provision or action under appeal may not be governed by law, he may request the suspension of the procedure for a period of 20 days in order to communicate his reasoned opinion to the that.

3. The defence shall be lodged first by the defendant administration. When they have done so, in addition to the Administration, other defendants, and even if they do not act in the same direction, the response shall be made simultaneously by all of them. In this case there shall be no place for the delivery of the administrative file, which shall be revealed at the Registry, but if the copy of the file, with the costs incurred by those defendants.

4. If the defendant Administration is a local entity and has not been in the process despite being called upon, it shall be given, however, the transfer of the claim so that, within 20 days, it may appoint a representative on trial or communicate to the Judge or Court, in writing, the grounds on which the actor's claim is inadmissible.

Article 55.

1. If the parties consider that the administrative file is not complete, they may, within the time limit for formulating the application or the defence, request the antecedents to complete it.

2. The application referred to in the preceding paragraph shall suspend the relevant period.

3. The Court or Chamber shall take the relevant decision within three days. The Administration, when submitting the file again, shall indicate in the index referred to in Article 48.4 the documents which have been added.

Article 56.

1. In the pleadings of the application and the defence, the facts, the grounds of law and the form of order to be taken shall be entered with due separation, in justification of which the reasons may be given, whether or not they have been raised with the Administration.

2. The Court of Justice or the Court shall examine the application on its own initiative and require that the fault of the person not exceeding 10 days shall be remedied. If the sub-healing is not performed in time, the file of the performances will be ordered.

3. With the application and the answer the parties shall accompany the documents in which they directly merge their right, and if they do not work in their possession, they shall designate the file, office, protocol or person in whose power they are located.

4. After the application and defence, the parties shall not be allowed more documents than those found in any of the cases provided for in the civil proceedings. However, the applicant may, in addition, provide the documents which are intended to undermine the arguments contained in the replies to the application and show that they are not in conformity with the facts, before the summons conclusions.

Article 57.

The actor will be able to ask for otrosi in his application that the resource be failed without the need for a trial or a view or conclusions. If the defendant does not object, the suit shall be declared complete, without further formalities, for judgment after the application has been filed, unless the Judge or Court makes use of the power conferred on him by Article 61.

SECTION 5 PREVIOUS ALLEGATIONS

Article 58.

1. The parties concerned may, within the first five days of the time limit for replying to the application, plead the reasons which may determine the competence of the court or the inadmissibility of the action in accordance with the provisions of the Article 69, without prejudice to the fact that such grounds, other than the jurisdiction of the court, may be alleged in the defence, even if they have been dismissed as a previous argument.

2. In order to use this procedure, the defendant administration must accompany the administrative file if it has not sent it before.

Article 59.

1. In writing, the actor shall be transferred for a period of five days, which may remedy the defect, if necessary, within 10 days.

2. The shipment will be evacuated, the processing planned for the incidents will be followed.

3. The self-deprecating order of the previous claims shall not be subject to appeal and shall have the right to reply to the application within the time limit.

4. Once the self-assessment of the previous allegations is signed, the appeal shall be declared inadmissible and the administrative file shall be returned to the office from which it shall proceed. If the lack of jurisdiction or jurisdiction has been declared, it shall be subject to the provisions of Articles 5.3 and 7.3.

SECTION 6 TEST

Article 60.

1. It is only possible to request the receipt of the trial by another person, in the pleadings of the application and the defence, and in the pleadings of supplementary arguments. In such writings, the points of fact on which the test is to be used shall be expressed in an orderly manner.

2. If the answer to the request is new facts of importance for the resolution of the case, the appellant may request the receipt of proof within three days after the date on which he has been transferred, without prejudice to the possibility that it may make use of its right to provide documents in accordance with Article 56.4.

3. The trial will be received when there is disagreement in the facts and these are of transcendence, in the judgment of the court, for the resolution of the lawsuit. If the object of the resource is an administrative or disciplinary penalty, the process will always be tested when there is disagreement in the facts.

4. The test shall be carried out in accordance with the general rules laid down for the civil procedure, but the time limit shall be 15 days to propose and 30 days for practice. However, evidence may be provided to the process outside this time limit for reasons not attributable to the party that proposed them.

5. The Chambers may delegate to one of its Magistrates or to a Court of the Administrative-Administrative Court the practice of all or some of the probative measures, and the representative in the case of the Administration may, in turn, delegate to an official of the same faculty to intervene in the practice of testing.

6. In the act of issuing the expert test the Judge shall grant, at the request of either party, a period not exceeding three days for the parties to be able to request clarification of the opinion delivered.

Article 61.

1. The Judge or Court may, on its own initiative, agree to the receipt of proof and to arrange for the practice of all the relevant judges for the most successful decision of the case.

2. After the probationary period, and until the process is declared final for judgment, the court may also agree to the practice of any diligence of proof that it considers necessary.

3. The parties shall intervene in the evidence to be carried out under the provisions of the two preceding paragraphs.

4. If the Judge or Court makes use of his or her power to agree on an ex officio basis in the practice of a test, and the parties have no opportunity to plead in the view or in the written conclusions, the result of the test shall be made clear to the parties, which may, within three days, plead as soon as they consider appropriate their scope and importance.

5. The Judge may, after hearing the parties, either on his own initiative or at the request of the parties, arrange for the extension of the effects of the expert evidence to the related proceedings for the purposes of applying the rules on the costs of the proceedings in question. The cost of these tests shall be understood to mean that all the interveners are parties to the processes on which the extent of their effects has been agreed, with the cost of the costs being extended to those who are obliged to pay the costs.

SECTION 7TH VIEW AND CONCLUSIONS

Article 62.

1. Except as otherwise provided in this Law, the parties may request that the hearing be held, that conclusions be drawn or that the case be concluded, without further formalities, for judgment.

2. Such a request shall be made by means of another in the written application or defence or in writing filed within three days from the time of notification of the order of order declaring the probationary period to be completed.

3. The Court or Court will provide as per what the parties have requested. In another case, it shall only agree to the holding of the hearing or to the formulation of written conclusions at the request of the applicant or where, having been tested, either of the parties so requests; all without prejudice to the provisions of the paragraph 4 of Article 61.

4. If the parties have not made any request, the Judge or Court may, exceptionally, take into account the nature of the case, agree on the holding of the hearing or the formulation of written conclusions.

Article 63.

1. If the holding of hearing is to be agreed, the date of the hearing shall be marked by a strict order of seniority of the cases, except those relating to matters which, by reason of the law or by reason of the reasoned agreement of the court, established in exceptional circumstances, they must be given preference, which, being concluded, may be put before others whose claim has not yet been made.

2. In the act of hearing, the word shall be given to the parties in order to give succinctly to their claims. The Judge or the President of the Chamber, by itself or through the rapporteur, may invite the advocates of the parties, before or after the oral reports, to specify the facts and to clarify, clarify or rectify as soon as possible. delimit the subject matter of the debate.

Article 64.

1. Where the outcome is agreed, the parties shall submit a summary of the facts, the evidence and the legal basis on which they support their claims.

2. The time limit for writing the document shall be ten successive days for the applicants and defendants, each of these parties being simultaneous for each party if any of them has more than one person and has not been united under one representation.

3. The day-to-vote and ruling shall be in accordance with the order set out in paragraph 1 of the previous Article.

4. In the light of the hearing or the findings, the Judge or the Court shall declare that the case has been concluded for judgment, unless it makes use of the power referred to in Article 61 (2), in which case such a statement shall be made. immediately after the end of the practice of the due diligence or test procedures.

Article 65.

1. In the act of the hearing or in the statement of conclusions, questions may not be raised which have not been raised in the pleadings and the defence.

2. Where the Judge or the Court finds it appropriate that in the act of the hearing or in the conclusions the reasons for the judgment are relevant and different from the arguments, it shall be brought to the attention of the parties by means of providence, giving them a period of 10 days to be heard about it. Against this providence there will be no recourse.

3. In the act of hearing, or in the statement of conclusions, the applicant may request that the judgment make a specific statement on the existence and extent of the damages for which the compensation is concerned, if they have already been tested in cars.

Article 66.

Direct actions against general provisions will preferably be preferred and, once concluded, will be put before the vote and will fail any other litigation-administrative appeal, whatever its instance or degree, except for the special process of protection of fundamental rights.

SECTION 8TH STATEMENT

Article 67.

1. The judgment will be handed down within ten days after the case has been concluded and will decide all the issues at issue in the proceedings.

2. Where the Judge or the Court finds that the judgment may not be delivered within the prescribed period, it shall duly reason and state a specific later date on which the judgment is delivered, notifying the parties.

Article 68.

1. The statement will make any of the following failures:

a) Inadmissibility of the litigation-administrative appeal.

b) Estimate or dismissal of the litigation-administrative resource.

2. The judgment shall also contain the statement corresponding to the costs.

Article 69.

The judgment shall state the inadmissibility of the appeal or any of the claims in the following cases:

(a) That the Court or the Administrative-Administrative Court has jurisdiction.

b) That it was brought by a person who was incapable, not properly represented or not entitled.

(c) Which has as its object provisions, acts or actions that are not subject to impeachment.

d) That it recesses over res judicata or exists litispendence.

e) That the initial writing of the resource has been filed outside the time limit set.

Item 70.

1. The judgment shall dismiss the action where the contested provision, act or action is in law.

2. The judgment shall consider the administrative dispute where the provision, action or act involved any infringement of the legal order, including the diversion of power.

The exercise of administrative powers for purposes other than those set by the legal system is understood as a deviation from power.

Article 71.

1. When the statement considers the administrative-administrative resource:

(a) It shall declare that it is not in accordance with the law and shall, where appropriate, completely or partially annul the contested provision or act or have the contested action terminated or amended.

(b) If the recognition and restoration of an individual legal situation has been sought, it shall recognise that legal status and take all measures necessary for the full restoration of the legal situation.

(c) If the measure consisted in the issuance of an act or in the practice of a legally binding action, the judgment may set the time limit for the failure to comply.

d) If a claim to redress damages is estimated, the right to reparation shall be declared in any event, and it shall also state who is obliged to compensate. The judgment shall also fix the amount of the compensation where the applicant expressly requests it and finds sufficient evidence to do so. In another case, the basis for determining the amount shall be laid down, the final completion of which shall be deferred to the period of execution of the judgment.

2. The courts may not determine the manner in which the provisions of a general provision are to be drawn up in place of which they shall not, and may not, determine the discretionary content of the acts annulled.

Article 72.

1. The judgment declaring the inadmissibility or dismissal of the litigation-administrative appeal will only produce effects between the parties.

2. The annulment of a provision or act shall have effect for all the persons concerned. Firm judgments which annul a general provision shall have general effect from the day on which their judgment and the provisions of the same official journal were published in the same official journal as the annulled provision.

Firm statements that override an administrative act that affects an undetermined plurality of people will also be published.

3. The estimate of claims for recognition or restoration of an individual legal situation will only produce effects between the parties. However, such effects may be extended to third parties as provided for in Articles 110 and 111.

Article 73.

Firm judgments which annul a provision of a general provision will not in themselves affect the effectiveness of the judgments or firm administrative acts which have applied it before the annulment has taken effect. (a) General, except where the cancellation of the precept would result in the exclusion or reduction of the penalties not yet fully implemented.

SECTION 9TH OTHER PROCEDURE TERMINATION MODES

Article 74.

1. The appellant may desist from the resource at any time before the judgment.

2. For the withdrawal of the representative in judgment to produce effects it will be necessary for the appellant to ratify it or to be authorized to do so. If the public administration is withdrawn, testimony to the agreement adopted by the competent body shall be submitted in accordance with the requirements of the respective laws or regulations.

3. The Judge or Court shall hear from the other parties, and in the cases of popular action from the Prosecutor's Office, by a common period of five days, and shall give order in which he shall declare the proceedings terminated, ordering the file of the cars and the return of the administrative file to the office of provenance.

4. The Judge or the Court shall not accept the withdrawal if the Administration or the Prosecutor's Office is opposed, and may reject it in a reasoned manner when it is in the public interest.

5. If several appellants are involved, the procedure shall continue with respect to those who have not withdrawn.

6. Withdrawal shall not necessarily entail a conviction on costs.

7. Where the action had been withdrawn because the defendant administration had fully acknowledged the applicant's claims on the administrative board, and then the administration had ruled out a new or partially revocatory act of the recognition, the actor may request the continuation of the procedure in the state in which it is found, extending to the revoking act. If the Judge or the Court considers it appropriate, it shall grant the parties a common period of 10 days for them to make written submissions on the revocation in writing.

8. If an appeal or an appeal is withdrawn, the Court shall, without further formalities, order to declare the proceedings terminated, order the file of the file and return the proceedings received to the court of provenance.

Article 75.

1. Defendants may be raided in compliance with the requirements of paragraph 2 of the previous Article.

2. The Court of Justice or the Court of Justice shall, without further formalities, give judgment in accordance with the claims of the applicant, unless it is a manifest infringement of the legal order, in which case the court or tribunal communicate to the parties the reasons which may be opposed to the estimate of the claims and the common deadline of 10 days, then giving the judgment which it considers to be in accordance with the law.

3. If multiple defendants are required, the procedure will remain in respect of those who have not been raided.

Article 76.

1. If the defendant administration is to be fully informed of the applicant's claims, any of the parties may bring it to the attention of the Judge or the Court, where the Administration didn't do it.

2. The Judge or the Court shall hear the parties for a common period of five days and, on the basis of evidence of the alleged, order in which he shall declare the proceedings terminated and order the file of the appeal and return the administrative file, if the Recognition did not manifestly infringe the legal order. In the latter case it will dictate a right-to-law judgment.

Article 77.

1. In proceedings in the first or only instance, the Judge or the Court, on its own initiative or at the request of a party, after the request and the defence have been made, may make the recognition of facts or documents, as well as the recognition of the parties, subject to the consideration of the parties. the possibility of reaching an agreement that puts an end to the dispute, where the judgment is promoted on matters which are subject to compromise and, in particular, when considering the quantity estimate.

The representatives of the public administrations in demand will need the appropriate authorization to carry out the transaction, in accordance with the rules that regulate the disposition of the action by the same.

2. The attempt at conciliation shall not suspend the course of proceedings unless all parties are requested to do so and may at any time prior to the day on which the case has been declared concluded for judgment.

3. If the parties reach an agreement entailing the disappearance of the dispute, the Judge or Court shall order the proceedings to be terminated, provided that the agreement is manifestly contrary to the legal and/or legal order of the public or third-party interest.

CHAPTER II

Short Procedure

Article 78.

1. The resources to be deducted in the matters of which the Courts of the Administrative-Administrative Court are aware, where the amount of the proceedings does not exceed 500 000 pesetas or questions of personnel which do not relate to the birth or extinction of the relationship For the service of public career civil servants, they shall be substantiated by the abbreviated procedure laid down in this Article.

2. The action shall be initiated on demand, to which the document or documents in which the actor is entitled and those provided for in Article 45.2 shall be accompanied.

3. The Court of Justice shall, after examination of its jurisdiction and of its objective jurisdiction, give a judgment in which it shall, where appropriate, order the admission of the application and its transfer to the defendant and shall cite the parties for the holding of hearing, with the time stamp. In the same providence, the defendant shall be ordered to forward the administrative file, with at least 15 days ' notice of the term indicated for the hearing.

4. The administrative file shall be received by the Judge, and shall be forwarded to the actor and to the persons concerned who have been personified so that they can make representations in the act of the hearing.

5. The parties, or any of them, have appeared to be open to the hearing.

If the parties do not share, or do so only, the defendant, the actor shall be held for the withdrawal of the action, and shall be ordered to pay the costs, and, if only the actor appears, the hearing shall be continued in the absence of the defendant.

6. The hearing shall begin with the applicant's exposure to the grounds of what he asks for or ratification of those set out in the complaint.

7cto, the defendant may make the arguments which he or she has the right to agree, starting, where appropriate, on matters relating to jurisdiction, to objective and territorial jurisdiction and to any other fact or This is a circumstance that can prevent the valid prosecution and end of the process by means of a statement on the background.

8. Hearing the complainant on these questions, the Judge shall decide what is necessary, and if the judgment is to be continued, the defendant may request the record of his/her disagreement. The same may be done by the plaintiff if the Judge, in resolving any of those questions, disclaims the knowledge of the case in favor of another Court or Court or understood that he must declare the appeal inadmissible.

9. If the defendant has challenged the appropriateness of the procedure by reason of the amount, the Judge shall, before the test or, where appropriate, the conclusions, urge the parties to agree on such an extreme. If the agreement is not reached, the Judge shall decide, which shall give the process the appropriate procedural course according to the amount determined by him. No recourse shall be given to the Judge's decision.

10. If the procedural questions referred to in the preceding paragraphs are not raised or if, in the case of the Judge, the continuation of the judgment has been given, the parties shall be given the opportunity to set out clearly the facts in which they are They are based on their claims If there is no agreement on them, the evidence shall be proposed and, after admission to those which are not relevant or useless, shall be followed.

11. Where the arguments of the parties show the conformity of all the defendants with the claims of the actor, the purely legal nature of the dispute, the absence of a proposal for proof or the inadmissibility of the whole test The Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of First Instance held a hearing. .

Opposition, the Judge shall decide to provide it, in which case the hearing shall be continued in accordance with the following paragraphs, or the judgment shall be dismissed in the same judgment as it provides in accordance with the provisions of the preceding paragraph; before resolving the fund, as a special statement.

12. The means of proof shall be carried out in abbreviated trials, as soon as it is not incompatible with their formalities, in the manner provided for in the ordinary judgment.

13. Positions for the test of confession shall be proposed verbally, without the admission of pleadings.

14. No written questions and questions will be allowed for the testify test. Where the number of witnesses is excessive and, at the discretion of the judicial body, its manifestations may constitute futile reiteration of the testimony on sufficiently clarified facts, it may be limited to them discretionally.

15. Witnesses may not be crossed out and, in conclusions only, the parties may make the observations which are appropriate in relation to their personal circumstances and the veracity of their statements.

16. In the practice of the expert test, the general rules on the insaculation of experts will not apply.

17. Against decisions of the Judge on the refusal of evidence or on the admission of which shall be denounced as having been obtained in violation of fundamental rights, the parties may bring an appeal, which shall be substantiated and resolved, in the act of appeal. then.

18. If the Judge considers that any relevant evidence cannot be practised at the hearing, without bad faith on the part of the person who has the burden of providing it, he shall suspend it, pointing out in the act, and without the need for a new notification, the place, day and hour in which it is to be resume.

19. After the practice of the test, if any, and, where appropriate, of the conclusions, the members of the Court, the persons who are party to the cases may, with the consent of the Judge, give the floor what they believe to be appropriate for their defence to the conclusion of the view, before it is terminated.

20. The Judge shall deliver a judgment within ten days of the hearing.

21. During the course of the trial, the corresponding minutes will be extended, in which it will be stated:

a) Place, date, presiding judge, parties, representatives, if any, and advocates who attend them.

b) Brief summary of the parties ' allegations, means of proof proposed by them, express statement of their relevance or impertinence, reasons for the refusal and protest, if any.

c) As for supported and practiced tests:

1. o Enough summary of the confession and testify.

2. o Circumstantial relationship of the documents submitted, or sufficient data to permit the identification of the documents, in the event that their excessive number makes this relationship inadvisable.

3. o Relation of the incidents raised in the trial with respect to the documentary evidence.

4. o A sufficient summary of the expert reports, as well as the decision of the Judge on the proposals for recusal of the experts.

5. o Summary of statements made in the view.

(d) Conclusions and specific requests made by the parties; if they were to be condemned to quantity, it should be collected in the minutes.

e) Statement made by the Judge of completion of the cars, sending them to the view for judgment.

22. The Judge shall decide, without further appeal, any comments made on the contents of the minutes, and shall then be sent to the parties or to their representatives or defenders and to the experts, stating whether any of them is not signed. by not being able, not wanting to do so or not being present, by signing it, finally, the Secretary, who will give faith.

The trial record may also be extended through mechanical means of reproduction. In this case, the same requirements as set out in the previous paragraph shall be required.

The trial record must be copied to those who have been parties to the proceedings, if requested.

23. The abbreviated procedure, as not provided for in this chapter, shall be governed by the general rules of this Law.

CHAPTER III

Resources against providences, autos, and statements

SECTION 1 RESOURCES AGAINST PROVIDENCES AND CARS

Article 79.

1. An appeal may be brought against the providences and the cars which are not subject to appeal or appeal, without prejudice to which the contested decision shall take effect, unless the court, on its own initiative or at the request of a party, agree otherwise.

2. The appeal against the resolutions expressly excepted in this Law is not admissible, nor is it admissible against the orders that resolve the appeals, the clarification and the requests for the review of the order of order.

3. The appeal shall be lodged within a period of five days from the date of the notification of the contested decision.

4. Where the appeal is lodged in time and form, copies of the document shall be transferred to the other parties on a three-day basis, so that they may contest it if they consider it appropriate. After that period, the court shall decide by order within the third day.

5. The review of the measures of organisation may be requested by the Judge or the Judge-Rapporteur within the time limit referred to in paragraph 3. The review, as provided for in paragraph 4, shall be followed.

Item 80.

1. In a single effect, the cars dictated by the Courts of the Administrative-Administrative and the Central Courts of the Administrative-Administrative, in processes of which they know in the first instance, in the following cases:

a) Those that put an end to the separate piece of precautionary measures.

b) The execution-of-statement relapses.

c) Those who declare the inadmissibility of the litigation-administrative appeal or make their continuation impossible.

(d) The relapses on the authorisations provided for in Article 8.5.

e) The relapses under Articles 83 and 84.

2. In any event, the orders of the Courts of the Administrative Court and those of the Central Courts of the Administrative-Administrative Court, in the cases referred to in Articles 110 and 111, may be appealed.

3. The processing of appeals filed against the Courts of the Administrative-Administrative Court and the Central Courts of the Administrative-Administrative Court shall be in accordance with the provisions of Section 2 of this Chapter.

SECTION 2 ORDINARY APPEAL APPEAL

Article 81.

1. The judgments of the Courts of the Administrative Court and of the Central Courts of the Administrative-Administrative Court shall be subject to appeal, unless they have been given in the following cases:

(a) Those whose value does not exceed three million pesetas.

(b) Those relating to electoral matters covered by Article 8.4.

2. The following statements will always be subject to appeal:

(a) Those who declare the appeal inadmissible in the case of point (a) of the previous paragraph.

(b) Those given in the procedure for the protection of the fundamental rights of the person.

c) Those that resolve disputes between public administrations.

d) Those that resolve indirect impugations of general provisions.

Article 82.

The appeal may be brought by those who, according to this Law, are entitled as a plaintiff or defendant.

Article 83.

1. The appeal against the judgments is admissible for both purposes, except where this Law provides otherwise.

2. By way of derogation from the foregoing paragraph, the Judge may, at any time, at the request of the party concerned, take the precautionary measures which are relevant to ensure, where appropriate, the execution of the judgment on the basis of the criteria laid down in Chapter II of Title VI.

Article 84.

1. The interposition of an appeal will not prevent the provisional execution of the recursion statement.

The parties favored by the judgment may urge their provisional execution. Where damage of any kind may be caused, the measures which are appropriate to prevent or mitigate such damage may be agreed. The provision of caution or guarantee may also be required to respond to those. In this case, the provisional execution may not be carried out until the course or the agreed measure is established and accredited in cars.

2. The constitution of the course shall be in accordance with Article 133.2.

3. Provisional enforcement shall not be agreed upon when the execution is liable to produce irreversible or damage of impossible repair.

4. After hearing the other parties for a common period of three days, the Judge shall decide on the provisional execution within the following five days.

5. Where a public administration is called for by the provisional execution, it shall be exempt from the provision of caution.

Article 85.

1. The appeal shall be lodged with the Court which has given the judgment which is appealed within 15 days of the date of its notification by reasoned written notice to contain the arguments on which the appeal is based. resource. After the expiry of the 15-day period without the appeal, the judgment shall be final.

2. If the written document complies with the conditions laid down in the preceding paragraph, and refers to a judgment which may be appealed, the Court shall decide to grant the appeal, against which no appeal shall be lodged, and shall transfer the appeal. to the other parties so that, within the common period of 15 days, they can formalise their opposition. In another case, it shall refuse admission by means of an order against which the complaint may be lodged, which shall be substantiated in the form laid down in the Civil Procedure Act.

3. The parties may, in the case of the appeal and of the opposition to the appeal, ask for a proof of their application for the practice of which they have been refused or have not been duly practised in the first instance for reasons other than are imputable to them. In such letters, civil servants shall, in the processes referred to in Article 23.3, appoint a registered office for notifications at the headquarters of the competent administrative-administrative chamber.

4. In the statement of opposition, the appealed party, if the appeal was wrongly admitted, must be made on the record, in which case the appellant, for three days, shall be given this argument. It may also be appealed, in the same letter, to accede to the appeal, reasoning the points in which it believes that the judgment is prejudicial to it, in which case the appellant shall be transferred to the appellant in ten days ' time, for the sole purpose of can oppose membership.

5. After the time limits referred to in paragraph 2y4 above, the Court shall raise the orders and the administrative file, in conjunction with the pleadings submitted, to the Chamber of the competent administrative-administrative body, which shall, where appropriate, resolve the to proceed on the discussed admission of the resource or on the receipt to the test.

6. Where the Chamber considers the requested evidence to be appropriate, its practice shall be accompanied by a summons from the parties.

7. The parties, in the letters of interposition and opposition to the appeal, may request that the hearing be held, that conclusions be drawn or that the case be concluded, without further formalities, for judgment.

8. The Chamber shall agree to the holding of the hearing or to the submission of conclusions if all the parties have requested it or if it has been tested, as well as when it considers it necessary, to take care of the nature of the case. The provisions of Articles 63 to 65 shall apply to these formalities.

The hearing held or the conclusions presented, the Chamber will declare that the suit has been concluded for judgment.

9. The Chamber shall give judgment within 10 days of the declaration that the dispute has been concluded for judgment.

10. Where the Chamber revokes on appeal the contested judgment which has declared the appeal to be inadmissible, it shall, at the same time, decide on the substance of the case.

SECTION 3 APPEAL

Article 86.

1. The judgments given in a single instance by the Court of Justice of the National Court and by the Chambers of the Administrative Court of the High Courts of Justice shall be subject to an appeal before the Court of Justice. The Supreme Court's Board of Appeal.

2. Except as set out in the above paragraph:

(a) Judgments relating to matters of staff to the service of public administrations, except that they affect the birth or extinction of the service relationship of career officials.

(b) The relapses, whatever the matter, in cases where the amount does not exceed 25 million pesetas, except in the case of the special procedure for the defence of fundamental rights, in which case the

Court of Appeal, the Court of Appeal,

(c) Those given in the procedure for the protection of the fundamental right of assembly referred to in Article 122.

d) Those dictated in electoral matters.

3. It shall in any event appeal to the National Court of Justice and the High Court of Justice to declare void or in accordance with the law a provision of a general nature.

4. The judgments which, where they are subject to appeal by application of the preceding paragraphs, have been given by the Chambers of the Administrative Court of the High Courts of Justice shall be brought only on appeal if the appeal is intended to be based on an infringement of European Community or Community law which is relevant and determining the use of the judgment, provided that they were invoked in the proceedings or considered by the sentencing chamber.

5. The decisions of the Court of Auditors in respect of accounting liability shall be subject to an appeal in the cases laid down in its Law on the Functioning of the European Union.

Item 87.

1. They are also subject to an appeal, in the same cases provided for in the previous Article, the following orders:

(a) Those who declare the inadmissibility of the litigation-administrative appeal or make their continuation impossible.

b) Those that put an end to the separate piece of suspension or other precautionary measures.

c) The execution of the sentence, provided that they resolve issues that are not decided, directly or indirectly, in that or that contradict the terms of the failure that is being executed.

(d) The dictates in the case provided for in Article 91.

2. They shall be subject to an appeal, in any case, to orders issued pursuant to Articles 110 and 111.

3. In order to be able to prepare the appeal in the cases provided for in the previous paragraph, it is necessary to bring the appeal in advance.

Article 88.

1. The appeal shall be based on one or more of the following grounds:

a) Abuse, excess or defect in the exercise of jurisdiction.

b) Incompetence or inadequacy of the procedure.

c) Breach of the essential forms of the judgment for infringement of the rules governing the judgment or those governing the proceedings and the procedural guarantees provided that, in the latter case, there has been an indefencement to the part.

(d) Infringement of the rules of law or case law that would be applicable in order to resolve the issues under discussion.

2. The infringement of the rules relating to procedural acts and guarantees which produces defensiveness can only be alleged where the remedy for the fault or breach has been requested at the instance, if there is an appropriate procedural time for this.

3. Where the appeal is founded on the ground laid down in paragraph 1 (d) of this Article, the Supreme Court may, in the case of the facts admitted as tested by the Court of Instance, be those who, having been omitted by it, are sufficiently justified in accordance with the actions and whose taking into account is necessary to assess the alleged infringement of the rules of the legal order or the case-law, including the misuse of powers.

Article 89.

1. The appeal shall be lodged with the Chamber which has given the judgment under appeal within 10 days from the date of notification of the decision, in writing in which the intention to bring proceedings must be expressed. the resource, with succinct exposure of the concurrency of the required requirements.

2. In the case provided for in Article 86.4, it shall be justified that the infringement of a European State or Community rule has been relevant and determining the judgment of the judgment.

3. The appeal may be brought by those who have been a party to the proceedings to which the judgment or judgment under appeal is brought.

4. After the period of 10 days without the appeal being prepared, the judgment or judgment shall be final.

Article 90.

1. If the written preparation complies with the requirements laid down in the previous Article, and refers to an appeal, the appeal shall be prepared by means of the order of the parties for their appearance and the appeal within the 30-day period before the Court of Justice of the Supreme Court. The original cars and the administrative file shall be submitted within five days of the following.

2. In another case, a reasoned order shall be issued rejecting the placement of the parties and the referral of the proceedings to the Supreme Court. This order may only be filed against a complaint, which will be substantiated in the form established by the Civil Procedure Act.

3. Against the providence in which the appeal is prepared, the contested party may not bring any action, but may object to its admission to the time of appearing before the Supreme Court, if it does so within the meaning of Article 1 (1) of the Treaty. location.

Article 91.

1. The preparation of the appeal shall not prevent the provisional execution of the judgment under appeal.

The parties favored by the judgment may urge their provisional execution. Where damage of any kind may be caused, the measures which are appropriate to prevent or mitigate such damage may be agreed. The presentation of caution or guarantee may also be required in order to respond to them. The provisional execution may not be carried out until the course or the agreed measure is lodged and accredited in cars.

2. The constitution of the course shall be in accordance with Article 133.2.

3. Provisional enforcement shall be refused where it can create irreversible situations or cause harm of difficult repair.

4. The Court of Justice-Administrative Court of the National Court or the High Court of Justice, where it has an appeal for an appeal, shall bear a considerable amount of evidence of the orders and of the judgment under appeal for the purposes laid down therein. Article.

Article 92.

1. Within the term of the placement, the appellant shall be personable and present before the Chamber of the Administrative-Administrative Court of the Supreme Court the written application of the appeal, in which the motive or grounds in which the appeal is reasoned shall be reasoned. to be covered, citing the rules or case law that it considers to be infringed.

2. After that period without submitting the letter of interposition, the appeal shall be declared to be deserted, with the return of the proceedings received to the Chamber from which they proceed.

3. If the appellant is the defender of the Administration or the Prosecutor's Office, as soon as the autos are received, they shall be ordered to carry out the orders by giving them a transfer of the same by 30 days to indicate whether or not they hold the appeal. and, if so, the wording of the interposition letter as set out in paragraph 1 of this Article.

4. If the appeal is not held or the letter of interposition is not made within the time limit, it shall be declared deserted.

Article 93.

1. The appeal shall be brought before the Court of Justice for the purpose of examining and submitting to the Court's deliberation what is to be resolved on the admission or inadmissibility of the action brought.

2. The Chamber shall give self-admission in the following cases:

(a) If, however, the appeal has been prepared, it will be assessed in this procedure that the conditions required have not been observed or that the contested decision is not capable of bringing about the effects of the contested decision, the Chamber may correct the amount initially fixed, either on its own initiative or at the request of the party under appeal, if it so requests within the term of the site.

(b) If the plea or grounds relied on in the application for an appeal are not included among those referred to in Article 88, if the rules or case-law that are infringed are not cited; the quotes made are not related to the issues discussed; or, if there is a need to have asked for the cure of the fault, there is no evidence that it has been done.

c) If other substantially equal resources were dismissed in the fund.

d) If the resource is manifestly unfounded.

e) In cases of indeterminate amount which do not relate to the direct or indirect challenge of a general provision, if the appeal is well founded in the case of Article 88.1. (d) and it is noted that the case is not of a casational interest because it does not affect a large number of situations or does not have sufficient general content.

3. The Chamber shall, before it has been resolved, make a clear statement of the possible cause of the appeal to the parties for 10 days in order to make the allegations which it considers to have been made.

4. If the Chamber considers that any of the causes of inadmissibility are present, it shall give a reasoned order declaring the appeal and the judgment under appeal to be inadmissible. If the admission is not of all the reasons given, it shall also give a reasoned order, continuing the processing of the appeal in respect of the reasons not affected by the partial admission order. In order to declare the appeal to be inadmissible for any of the reasons set out in paragraph 2 (c), (d) and (e), the order shall be deemed to be unanimous.

5. Failure to admit the application, where total, shall result in the imposition of the costs on the appellant, unless it is solely for the reason provided for in paragraph 2 (e).

6. No appeal shall be made against the cars referred to in this Article.

Article 94.

1. If the appeal is admissible for all or any of its reasons, a copy of the appeal shall be given to the parties or parties under appeal and personas to form their opposition in writing within the common period of 30 days. During that period, the actions at the Secretariat shall be evident.

In the notice of opposition, grounds for inadmissibility of the appeal may be invoked, provided that they have not been rejected by the Court in the procedure laid down in Article 93.

2. On the expiry of the period, whether or not submitted by the opposition, the Chamber shall indicate the day and time for the holding of the hearing or declare that the case is concluded for judgment.

3. There shall be a holding of hearing where all the parties or the Chamber consider it necessary to take account of the nature of the case. The application for a hearing shall be made by another in the case of the appeal and of opposition to the appeal.

4. The Chamber shall give judgment within 10 days of the conclusion of the hearing or the declaration that the case is concluded for judgment.

Article 95.

1. The judgment in the appeal may be inadmissible if one of the grounds laid down in Article 93.2 is satisfied.

2. If the appeal is considered for all or any of the grounds put forward, the Chamber, in a single judgment, where the appeal is lodged, shall settle in accordance with the law, taking into account the following:

(a) To be estimated for the purpose of Article 88,1 (a), the judgment or judgment under appeal shall be annulled, the particular court order being indicated which is deemed competent or the case shall be settled, as appropriate.

In the first case, the provisions of Article 5.3 shall apply.

(b) To be estimated for the purpose of Article 88,1 (b), the proceedings shall be referred to the court competent to resolve, or to be resubmitted to the state and time required by the appropriate procedure for the substantiation of the same, unless, by the application of its specific rules, such appropriate procedure cannot be followed.

(c) The existence of the procedural offences referred to in Article 88,1 (c) shall be considered to be in order to restore the action to the state and the time at which the offence was incurred, except where the infringement (a) it shall be in breach of the regulatory rules of the judgment, in which case the following point (d) shall apply.

(d) In other cases, the Chamber shall decide what corresponds within the terms in which the debate appeared.

3. In the judgment in which the appeal is declared, the Chamber shall decide on the costs of the application in accordance with Article 139.

SECTION 4 APPEALS FOR THE UNIFICATION OF DOCTRINE

Article 96.

1. An appeal may be brought for the unification of doctrine against judgments handed down in a single instance by the Boards of Appeal of the Supreme Court, National Court and High Courts of Justice where, in respect of the same litigants or other different litigants in the same situation and, in merit of substantially equal facts, foundations and claims, have been reached in different pronouncements.

2. The judgments of the National Court and the High Courts of Justice, which are in a single instance when the contradiction occurs with judgments of the Supreme Court in the same cases, are also subject to the same concept. circumstances mentioned in the previous paragraph.

3. Only judgments which are not subject to appeal in accordance with Article 86.2 (b) shall be subject to an appeal for the unification of a doctrine, provided that the amount of the judgment is greater than three millions of pesetas.

4. In no case shall the judgments referred to in Article 86 (2) (a), (c) and (d) or those excluded from the appeal in Article 86.4 be used.

5. From the appeal for the unification of doctrine provided for in this article, the Section which corresponds in accordance with the general rules of organization of the Supreme Court shall know, within the Chamber of the Administrative-Administrative of the Supreme Court, the Room.

6. However, in the case of judgments handed down in a single instance by the Supreme Court, the appeal shall be known to a section composed of the President of the Supreme Court, that of the Administrative Board and five of the The same room, which will be the two oldest and the three most modern.

7. The Section referred to in the preceding paragraph shall be known to the Section where the judgment of the Supreme Court which is cited as being infringed is, and is thus recorded by the appellant in the preparation, of a Section other than the one to which it is relevant in accordance with the provisions of paragraph 5 of this Article.

Article 97.

1. The appeal for the unification of a doctrine shall be brought directly before the judgment chamber within 30 days from the date of notification of the judgment, by reasoned written notice to be held. precise and circumstantial relationship of the determining identities of the alleged contradiction and the legal infringement that is imputed to the judgment under appeal.

2nd this letter will be accompanied by certification of the sentence or statements made with mention of its firmness or, in its absence, a simple copy of its text and documentary justification of having requested that one, in which case the Chamber will claim on its own. If the judgment has been published in accordance with Article 72.2, it shall be sufficient to indicate the official journal in which it appears published.

3. If the statement of interposition meets the conditions laid down in the preceding paragraphs and refers to an appeal for the unification of doctrine, the judgment chamber shall admit the appeal and the same diligence as (a) the organisation shall transfer the copy, the copy, the party or the parties under appeal to the parties to form their opposition in writing within 30 days, in the light of the action taken at the Registry. The transfer of the appeal to the contested party or parties shall, where appropriate, require that the claimed certification has been brought before the cars.

4. In another case, it will give a reasoned order declaring that the action is inadmissible, but before it can resolve the possible cause of inadmissibility to the parties, within the common period of five days, to make the arguments which it considers to be from. A complaint may be filed against the self-admission order, which shall be substantiated in accordance with the provisions of the Civil Procedure Act.

5. In the case of the appeal and opposition, the parties may request the holding of the hearing.

6. If the judgment has not been brought before the Court of Justice, the Court of First Instance shall have the right to vote against the judgment of the Court of Justice of the European Union. knowledge of the parties.

7. The substantiation and resolution of the appeal for the unification of doctrine, as not provided for in the preceding articles, shall be accommodated in accordance with the provisions of the previous Section as soon as it is applicable.

Article 98.

1. The pronouncements of the Supreme Court in resolving appeals for the unification of doctrine in no case shall affect the legal situations created by the judgments preceding the contested judgment.

2. If the judgment declares that the appeal has taken place, it will marry the contested decision and resolve the debate with the right to amend the declarations made and the situations created by the judgment under appeal.

Article 99.

1. The judgments of the Chambers of the Administrative-Administrative Court of the High Courts of Justice are subject to an appeal for the unification of doctrine, if there are several of these Chambers or the Chamber or Chambers have several Sections, where, in respect of the same litigants or other different parties in the same situation and, in merit of substantially equal facts, foundations and claims, different pronouncements have been reached. Such an appeal may be founded only in breach of rules emanating from the Autonomous Community.

2. This action shall be taken only against judgments which are not subject to an appeal or an appeal for the unification of a doctrine solely on the basis of the provisions of Article 86.4 and where the amount of the claim exceeds the three million pesetas.

3. The appeal for the unification of a doctrine shall be known to a Section of the Administrative Board of the Court of Justice composed of the President of that Chamber, who shall preside over it, by the President. or Presidents of the other Chambers of the Administrative Board and, as the case may be, the Sections thereof, in numbers not exceeding two, and by the Magistrates of that Chamber or Chambers which are necessary to complete a total of five members.

If the Chamber or Chambers of the Administrative-Administrative Board have more than one Section, the Governing Board of the High Court of Justice shall establish for each judicial year the turn under which the Presidents of the Section shall occupy the posts of the regulated in this paragraph. It will also establish it among all the Magistrates who serve in the Room or Rooms.

4. As regards time-limits, the procedure for the substantiation of this appeal and the effects of the judgment shall govern the provisions of Articles 97 and 98 with the necessary adaptations.

SECTION 5 APPEALS IN THE INTEREST OF THE LAW

Article 100.

1. The judgments given in a single instance by the Judges of the Administrative-Administrative Court and those handed down by the Chambers of the Administrative-Administrative Court of the High Courts of Justice and the National Court, which are not capable of the appeals referred to in the previous two Sections may be challenged by the territorial public administration which has a legitimate interest in the case and by the Entities or Corporations which have the representation and defence of interests of a general or corporate nature and having a legitimate interest in the case, Tax Ministry and the General Administration of the State, in the interest of the Law, by means of an appeal, when they deem seriously harmful to the general interest and erroneous the judgment given.

2. Only the correct interpretation and application of rules emanating from the State which have been the determining factor of the contested decision may be prosecuted through this appeal.

3. The appeal shall be lodged within three months, directly before the Administrative Board of the Supreme Court, by a reasoned letter setting out the legal doctrine to be applied, accompanied by a certified copy of the the contested judgment in which the date of its notification must be entered. If these requirements are not met or the resource is out of time, your file will be sorted out of hand.

4. The Court of First Instance brought the action before the Court of Justice and the Court of Justice of the Court of Justice of the European Court of Justice of the European Court of Justice of the European Union. resource.

5. In the case of a copy of the appeal, the parties shall be transferred to the parties in order to make the arguments they consider to be drawn up within 30 days, in the light of the action taken by the Commission. Secretariat. This transfer shall always be understood with the Ombudsman when he is not a appellant.

6. After the period of allegations, whether written or not, and after a 10-day hearing of the Prosecutor's Office, the Supreme Court shall give judgment on the processing and resolution of these resources shall be given preferential status.

7. The judgment in question shall, in any event, respect the particular legal situation arising from the judgment under appeal and, where it is an estimate, lay down in the judgment the legal doctrine. In this case, it will be published in the "Official State Gazette", and from its insertion into it will link all the judges and lower courts to the degree of this jurisdictional order.

Item 101.

1. Judgments given in a single instance by the Judges of the Administrative Court against which the action provided for in the preceding Article cannot be brought may be challenged by the territorial public administration which has an interest legitimate in the case and by the Entities or Corporations which have the representation and defence of interests of a general or corporate nature and have a legitimate interest in the case, by the Prosecutor's Office and by the Administration of the Community Autonomous, in the interest of the Law, by an appeal, when they consider seriously harmful to the general interest and wrong the judgment given.

2. Only the correct interpretation and application of rules emanating from the Autonomous Community which have been the determining factor of the contested decision may be prosecuted through this appeal.

3. This appeal in the interest of the Law shall be known to the Court of Justice of the High Court of Justice and, where it has more than one, the Section of the Chamber which has its seat in that Court referred to in the Article 99.3.

4. As regards time limits, the procedure for the substantiation of this appeal and the effects of the judgment shall be governed by the provisions of the preceding Article with the necessary adaptations. The publication of the judgment, where appropriate, shall take place in the 'Official Gazette' of the Autonomous Community and from its insertion into it shall bind all the Judges of the Administrative-Administrative Board with headquarters in the territory to which it extends its jurisdiction of the High Court of Justice.

SECTION 6 REVIEW FACILITY

Article 102.

1. There will be a review of a firm statement:

(a) If, after a decision, decisive documents are recovered, not contributed by force majeure or by the work of the party in whose favour it has been given.

(b) If it is the result of documents which, at the time of the document, were not known to have been recognized and declared false or whose falsehood was recognized or declared after.

(c) If given by evidence of evidence, witnesses have been convicted of false testimony given in the statements that served as the basis for the sentence.

(d) If a judgment has been given under cover, prevarication, violence or other fraudulent scheming.

2. As regards time limits, the procedure and the effects of the judgments given in this appeal, the provisions of the Law on Civil Procedure shall be governed. However, there shall only be a holding of sight when it is requested by all the parties or by the Chamber as necessary.

3. The review facility for accounting liability shall proceed in the cases provided for in the Act on the Functioning of the Court of Auditors.

CHAPTER IV

Execution of statements

Article 103.

1. The power to enforce judgments and other judgments is solely for the Courts and Tribunals of this court order, and their exercise is a matter for which you have known the case at first or only instance.

2. The parties are obliged to comply with the judgments in the form and terms that are entered in those judgments.

3. All public and private persons and entities are required to provide the required collaboration by the Judges and Courts of the Administrative-Administrative for the proper and complete execution of the resolved.

4. Acts and provisions contrary to the pronouncements of the judgments, which are dictated in order to circumvent their compliance, shall be void in full.

5. The court or tribunal to which the judgment is to be enforced shall, at the request of a party, declare the acts and provisions referred to in the preceding paragraph to be null and void, subject to the formalities laid down in Article 109 (2) which lacked competence to do so in accordance with the provisions of this Law.

Article 104.

1. After a judgment is signed, the body which has carried out the activity subject to the action shall be notified within 10 days of the fact that, once the communication has been received in the same period from the date of receipt, it shall bring it to the public and (a) due effect and practice what requires compliance with the statements contained in the judgment and at the same time indicate the body responsible for the compliance of the decision.

2. After two months from the communication of the judgment or the time limit set in the judgment for compliance with the judgment under Article 71.1.c), any party and persons concerned may urge their enforcement.

3. In the light of the nature of the claim and the effectiveness of the judgment, it may set a lower deadline for compliance, where the provisions of the previous paragraph render it ineffective or cause serious injury.

Article 105.

1. Failure to comply with or to declare the failure to complete or complete the failure shall not be suspended.

2. If there are grounds for material or legal impossibility to carry out a judgment, the body which is obliged to comply with it shall express it to the judicial authority through the procedural representative of the Administration within the time limit laid down in the the second paragraph of the previous Article, so that, with the hearing of the parties and of those who it considers to be interested, the Judge or Court appreciates the concurrence or otherwise of those causes and takes the necessary measures to ensure the greatest effectiveness of the (a) the performance of the contract, as the case may be, in the case of the party in which it cannot be full compliance.

3. They are causes of public utility or of social interest to expropriate the legitimate rights or interests recognized against the Administration in a firm judgment the certain danger of serious alteration of the free exercise of the rights and freedoms of the citizens, the fear founded of war or the breach of the integrity of the national territory. The declaration of the concurrence of any of the cited causes shall be made by the Government of the Nation; it may also be carried out by the Governing Council of the Autonomous Community when it is a certain danger of serious alteration of the free exercise of the rights and freedoms of the citizens and the contested act, activity or provision of the organs of the administration of that Community or of the local authorities of its territory, as well as of the Entities governed by public law and Corporations that are dependent on one another.

The declaration of concurrence of any of the causes mentioned in the preceding paragraph shall be made within two months of the communication of the judgment. The Judge or Court to whom the execution is responsible shall, in the course of the incidents, indicate the appropriate compensation and, if the alleged cause is the cause of serious disturbance of the free exercise of the rights and freedoms of the citizens, will also appreciate the concurrence of this motive.

Article 106.

1. Where the Administration is liable for payment of a liquid quantity, the body responsible for its compliance shall agree to the payment from the corresponding appropriation in its budget, which shall always be considered as extensible. If a budgetary modification is necessary for the payment, the corresponding procedure shall be completed within three months of the day of notification of the judgment.

2nd the amount referred to in the preceding paragraph shall be added to the legal interest of the money, calculated from the date of notification of the judgment given in a single or first instance.

3. By way of derogation from Article 104.2, three months after the final judgment is communicated to the body to be complied with, enforcement may be required. In this case, the judicial authority, heard by the body responsible for making it effective, may increase the legal interest in two points, provided that it appreciates the lack of diligence in compliance.

4. If the administration ordered to pay the amount considers that compliance with the judgment would cause serious disruption to its finances, it shall bring it to the attention of the judge or tribunal accompanied by a reasoned proposal for the parts, be resolved on how to execute the statement in the form that is less burdensome for that statement.

5. The provisions of the foregoing paragraphs shall also apply to the cases in which the provisional execution of the judgments is carried out in accordance with this Law.

6. Either party may request that the amount to be satisfied be offset by credits that the Administration has against the appellant.

Article 107.

1. If the final judgment annuls the contested act in whole or in part, the Judge or the Court shall, at the request of a party, provide for the registration of the judgment in the public registers to which the annulled act has been granted, and for its publication in the Official or private newspapers, if there is enough cause for this, at the expense of the executed party. Where the publication is in private newspapers, a public interest justifying it must be established before the court.

2. If the judgment annuls in whole or in part a general provision or an administrative act affecting an indeterminate plurality of persons, the court shall order its publication in official journal within 10 days from the date of its publication. strength of the statement.

Article 108.

1. If the judgment is to condemn the Administration to carry out a particular activity or to issue an act, the Judge or Court may, in the event of non-compliance:

(a) To execute the judgment through its own means or by requiring the collaboration of the authorities and agents of the condemned administration or, failing that, other public administrations, with observance of the procedures established for this purpose.

b) Adopt the measures necessary for the failure to acquire the effectiveness which, if any, would be inherent in the omitted act, including the subsidiary execution by the convicted administration.

2. If the Administration carries out any activity which contravene the judgment of the judgment, the Judge or Court shall, at the request of the persons concerned, restore the situation to the state required by the judgment and determine the damages cause the non-compliance.

Article 109.

1. The public administration, the other procedural parties and the persons affected by the judgment, as long as the total execution of the judgment is not present in cars, may promote incident to decide, without contrary to the content of the judgment, how many issues are raised in the execution and especially the following:

a) Administrative body to be responsible for performing the actions.

b) Maximum time for compliance, in consideration of the circumstances that are present.

c) Means with which to take effect and procedure to follow.

2. In writing the incidental question will be transferred to the parties so that, in a common period not exceeding twenty days, they will allege what they consider to be appropriate.

3. When the time limit referred to in the previous paragraph has been removed, the Judge or Court shall, within 10 days, decide on the question referred.

Item 110.

1. In the field of taxation and personnel at the service of the public administration, the effects of a firm judgment which would have recognised an individual legal situation in favour of one or more persons may be extended to other persons, statement, when the following circumstances are present:

(a) That the stakeholders are in the same legal situation as those favored by the judgment.

(b) That the Judge or Court of Auditors is also competent, for the reason of the territory, to know of its claims for recognition of such an individual situation.

c) That they request the extension of the effects of the judgment within one year from the last notification of this to those who were a party to the process.

If an action has been brought in the interest of the law or review, this period shall be counted from the last notification of the resolution terminating the decision.

2. The application must be addressed to the defendant administration. If three months elapse without notification of any decision or where the Administration shall refuse the application in an express manner, the Judge or the Court may be required to proceed without further formalities within two months from the date of the application. the period referred to above or from the day following the notification of the decision rejecting the decision.

3. The request to the court shall be made in reasoned written form to which the document or documents certifying the identity of situations shall be accompanied by the formalities laid down for the incidents, but without to the celebration of view.

4hanntes to be resolved, the Judge or the Court of execution shall seek from the Administration the actions relating to the incident raised and, if they are received within the following 20 days, order that they be brought to the attention of the parties. Three-day common deadline.

In another case, it will resolve without further by means of order, in which a legal situation other than that defined in the firm judgment in question cannot be recognised.

5. The incident shall in any event be dismissed when there is a res judicata, or when the determining doctrine of the judgment whose extension is postulated is contrary to the case-law of the Supreme Court or to the doctrine sitting by the High Courts. The Court of Justice of the Court of Justice of the European Communities If an appeal for review or an appeal is pending in the interest of the law, the decision of the incident shall be suspended until the appeal is resolved.

Article 111.

Where it has been agreed to suspend the processing of one or more resources within the meaning of Article 37.2, the appellants affected by the suspension may be interested in the Judge or Court of execution extending to his the effects of the judgment or final judgments on the remedies decided upon, in accordance with the provisions of paragraphs 3.4and 5 of the previous Article as soon as they are applicable.

Article 112.

After the deadlines indicated for the total compliance with the judgment, the Judge or Court shall, after hearing the parties, adopt the necessary measures to achieve the effectiveness of the mandate, and singularly, prior to the warning, you can:

(a) Impose periodic penalty payments of 25,000 to 250,000 pesetas to the authorities, officials or agents who breach the requirements of the Court or the Chamber, as well as to reiterate these fines until the complete execution of the judgment Without prejudice to any other property liability to which the impo-sition of such fines may have taken place, the provisions of Article 48 shall apply to it.

b) To deduce the timely testimony of individuals to demand the criminal responsibility that may correspond.

Article 113.

1. On the expiry of the period of execution laid down in the agreement referred to in Article 77.3, either party may request enforcement.

2. If no time limit has been set for the fulfilment of the obligations arising from the agreement, the injured party may require the other party to comply and may, after two months, be required to enforce it.

TITLE V

Special Procedures

CHAPTER I

Procedure for the protection of the person's fundamental rights

Article 114.

1. The procedure for judicial protection of freedoms and rights, provided for in Article 53.2 of the Spanish Constitution, shall be governed by the provisions of this Chapter and, as far as is not provided for in that Chapter, by the rules laid down in Article 5 (2) of the Spanish Constitution. general of this Law.

2. The claims referred to in Articles 31 and 32 may be enforced in this process, provided that they are intended to restore or preserve the rights or freedoms for which the appeal has been made.

3rd all effects, the processing of these resources will be of preferential character.

Item 115.

1. The time limit for bringing this action shall be ten days, which shall be taken into account, as the case may be, from the day following the day of notification of the act, the publication of the contested provision, the requirement for the cessation of the route, or the the deadline for the resolution, without further formalities. Where the injury to the fundamental right had its origin in the administrative inactivity, or an administrative appeal had been lodged, or, in the case of an action on the way in fact, no formal request had been made, the The period of 10 days shall be 20 days from the date of the complaint, the lodging of the appeal or the start of the administrative action in fact, respectively.

2. In the interim document, the right or rights the protection of which is intended and, in a concise manner, the substantive arguments that give substance to the appeal shall be expressed with precision and clarity.

Article 116.

1. On the same day as the lodging of the appeal or in the following one, the administrative body concerned shall be required as a matter of urgency, accompanied by a copy of the statement of interposition, so that, within a maximum of five days, from the receipt of the request, refer the file together with the reports and data it considers to be obtained, with a warning as to how much is provided for in Article 48.

2rhe submit the file, the administrative organ will communicate it to all those who appear as interested in the file, accompanying a copy of the document of interposition and asking them to be able to appear as defendants before the Court or Chamber within five days.

3. The Administration, with the submission of the file, and the other defendants, upon appearing, may request a reasoned request for the inadmissibility of the appeal and for the holding of the appearance referred to in Article 117.2.

4. Failure to send the administrative file within the time limit laid down in the previous paragraph shall not suspend the course of the file.

5. Where the administrative file is received at the Court or Chamber after the period laid down in paragraph 1 of this Article, it shall be made clear to the parties for forty-eight hours, in which they may make allegations, and no alteration of the course of the procedure.

Article 117.

1. Received the file or after the period for its referral and, where appropriate, that of the site to the other interested parties, the court, within the next day, will dictate order to follow the proceedings or to communicate to the parties the reason for the failure to admit the procedure.

2. In the case of possible grounds for inadmissibility of the procedure, the parties and the Prosecutor's Office shall be summoned to an appearance, which shall take place before the end of five days, in which they shall be heard about the provenance of giving the the processing provided for in this chapter.

3. On the next day, the court will order to continue the proceedings for this procedure or to agree to its inadmissibility due to the inadequacy of the procedure.

Article 118.

Agreed on the continuation of the special procedure in this chapter, the appellant will be made clear to the file and other actions so that within the period of eight days the application can be formalised and the documents.

Article 119.

The demand will be formalized, the same will be transferred to the Prosecutor's Office and the requested parties so that, in the light of the file, they will present their arguments in the common and unextendable period of eight days and accompany the documents that you deem appropriate.

Article 120.

Evacuee the processing of claims or after the deadline to make them, the court will decide on the next day on the receiving to the test, according to the general rules laid down in this Law, and without prejudice to the provisions of Article 57. The probative period shall in no case be more than twenty common days for its proposal and practice.

Article 121.

1. The proceedings shall be concluded, the court shall give judgment within five days.

2. The judgment shall state the appeal where the provision, the action or the act incurs any infringement of the legal order, including the diversion of power, and as a result of the same breach of the right of the persons liable to protection.

3. Against the judgments of the Courts of the Administrative-Administrative Court, the appeal will always proceed in one effect.

Item 122.

1. In the case of a prohibition or a proposal for the modification of meetings provided for in the Organic Law Regulatory Law of Réunion which are not accepted by the promoters, they may institute proceedings before the Court competent. The appeal shall be lodged within forty-eight hours following the notification of the prohibition or amendment, moving by the promoters duly registered in writing of the appeal to the governmental authority, with the object that the file is immediately referred to.

2. The Court shall, within a period of four days, not to be extended, and shall, if it has been received, bring the matter up to the attention of the legal representative of the Administration, the Prosecutor's Office and the appellants or the persons appointed by them as representative to a hearing where, in a contradictory manner, he or she will hear all persons and resolve without further appeal.

3. The decision to be taken may only maintain or revoke the proposed prohibition or amendments.

CHAPTER II

Issue of illegality

Article 123.

1. The Judge or the Court shall, by order of order, raise the question of illegality provided for in Article 27.1 within five days of the date on which the judgment has taken place. The question must be confined exclusively to that or those regulatory provisions whose declaration of illegality has served as a basis for the estimation of the claim. No action shall be taken against the order of approach.

2. In this order, the parties are to be agreed that the parties may, within a period of 15 days, be able to appear and make representations to the competent court in order to fail the matter. After this deadline, the personation will not be supported.

Article 124.

1. The judge or tribunal which has raised the issue shall, together with the certification of the order of approach, send a testimony of the main cars and the administrative file.

2. The approach to the question will be published in the same official journal as the contested provision would have been.

Article 125.

1. The written form of personation and allegations may accompany the documentation deemed appropriate to prosecute the legality of the contested provision.

2. After the deadline for submission and submissions, the procedure shall be concluded. The judgment shall be delivered within 10 days of that statement.

However, the Court may reject, pending admission, by order and without the need for a hearing of the parties, the question of illegality when the procedural conditions are lacking.

3. The time limit for sentencing will be interrupted if, in order to better provide, the Court will agree to claim the file of elaboration of the contested provision or to practice some proof of its own motion. In such cases, it shall be agreed to hear the three-day common timelimits on the dossier or the result of the test.

Article 126.

1. The judgment shall either partially or totally dismiss or dismiss the matter, unless any insubsable procedural requirement is lacking, if it is declared inadmissible.

2. The question of illegality shall apply to the direct action against general provisions in Articles 33.3, 66, 70, 71.1.a), 71.2, 72.2 and 73.

Firm statements that dismiss the issue will also be published.

3. Sign the judgment that resolves the question of illegality, it will be communicated to the Judge or Tribunal that brought it up.

4. Where the question of illegality is of particular importance for the development of other procedures, it shall be the subject of preferential treatment and resolution.

5. The judgment in order to resolve the question of illegality shall not affect the specific legal situation arising from the judgment given by the Judge or Court which referred to it.

CHAPTER III

Procedure in cases of pre-deal administrative suspension

Article 127.

1. In cases where, in accordance with the Laws, the administrative suspension of acts or agreements of Corporations or Public Entities must be followed by the impeachment or transfer of those to the Jurisdiction-Administrative Jurisdiction, in accordance with this precept.

2. Within 10 days of the date on which the act of suspension has been issued or in which the law establishes, the legal-administrative action shall be brought in writing, or the direct transfer of the agreement shall take place. suspended from the court, as appropriate, accompanied in any case by a copy of the said act of suspension.

3. The court or tribunal shall require the Corporation or Entity which has issued the appeal or transferred the suspended agreement so that, within ten days, it shall forward the administrative file to the Commission, whatever it considers appropriate. the defence of the person and notify to all those who have a legitimate interest in their maintenance or annulment of the existence of the proceedings, for the purposes of their appearance before the court within 10 days.

4. Having received the administrative file, the court or tribunal shall make it manifest, together with the proceedings, to those who have appeared in the proceedings, calling them for the holding of the hearing, which shall take place at least 10 days after the date of the the manifest of the dossier.

5. The court may, in a reasoned opinion, replace the procedure of hearing with written arguments, which shall be submitted within a period of 10 days following the notification of the order in which it is agreed.

You can also open a trial period, for better to provide, no longer than a fortnight.

6. In the light of the arguments referred to in the preceding paragraphs, the judgment shall be given in order to annul or confirm the act or agreement which is the subject of the appeal, with the provision of the suspension.

TITLE VI

Provisions common to Titles IV and V

CHAPTER I

Deadlines

Article 128.

1. The time limits are unextendable and after the expiry of the period the right and the loss of the procedure which has ceased to be used. However, the written procedure shall be admissible, and shall produce its legal effects, if it is submitted within the day of notification of the order, except in the case of time limits for preparing or bringing proceedings.

2. During the month of August, the time limit for lodging the administrative and administrative appeal or any other period of time provided for in this Law shall not be provided except for the procedure for the protection of fundamental rights in which the month of August shall be of a working nature.

3. In cases of urgency, or where the circumstances of the case so require, the parties may request the court to enable the working days in the proceedings for the protection of fundamental rights or the incident of suspension or adoption of other precautionary measures. The Judge or Court shall hear the other parties and resolve by order within three days, in any event agreeing to enable them when their refusal could cause irreversible damage.

CHAPTER II

Precautionary measures

Article 129.

1. Stakeholders may request in any state of the process the adoption of how many measures will ensure the effectiveness of the judgment.

2. If a general provision is contested, and the suspension of the validity of the contested provisions is sought, the request shall be made in the form of an interposition or in the application of the application.

Article 130.

1. Subject to the circumstantial assessment of all conflicting interests, the precautionary measure may be agreed only where the enforcement of the measure or the application of the provision could result in the loss of its legitimate purpose for the appeal.

2. The precautionary measure may be refused where serious disturbance of the general interest or third party which the Judge or the Court may consider in a circumstantial manner may be followed.

Article 131.

The precautionary incident shall be substantiated in a separate part, with an audience of the opposing party, within a period not exceeding ten days, and shall be resolved by order within five days. If the defendant administration has not yet appeared, the hearing shall be understood as the body responsible for the contested activity.

Article 132.

1. The precautionary measures shall be in force until a final judgment is given to the proceedings in which they have been agreed, or until the latter is terminated by any of the causes provided for in this Law. However, they may be amended or revoked during the course of the procedure if the circumstances under which they were adopted changed.

2. The precautionary measures cannot be modified or revoked because of the various developments that are being made during the process with regard to the analysis of the formal or substantive issues which form the basis of the debate. modification of the assessment criteria that the Judge or Court applied to the facts when deciding on the precautionary incident.

Article 133.

1. Where the precautionary measure may result in damage of any kind, the appropriate measures may be agreed to prevent or mitigate such damage. The presentation of sufficient caution or guarantee may also be required to respond to those.

2. The security may be lodged in any of the forms admitted in law. The precautionary measure agreed shall not take effect until the course or guarantee is lodged and accredited in cars, or until such time as the measures agreed to prevent or mitigate the damage referred to in paragraph 1 have been complied with. precedent.

3. If the measure is lifted by judgment or by any other cause, the Administration, or the person who intends to be entitled to compensation for the damages suffered, may ask the court or tribunal itself for the processing of the incidents, within the year following the date of the uprising. If the application is not made within that time limit, the same shall be waived or the right shall not be credited, the security lodged shall be cancelled.

Article 134.

1. The order to be taken by the measure shall be communicated to the administrative body concerned, which shall have immediate compliance with the provisions of Chapter IV of Title IV, with the exception of Article 104.2 2. of general provisions shall be published in accordance with the provisions of Article 107.2. The same shall be observed where the suspension relates to an administrative act affecting an undetermined plurality of persons.

Article 135.

The Judge or Court, given the circumstances of particular urgency that are present in the case, shall take the measure without hearing the opposing party. No recourse shall be made against this order. In the same judgment, the Judge or Court shall summon the parties to an appearance, which shall be held within three days of the lifting, maintenance or modification of the measure adopted. The hearing will be held, the Judge or the Court will give order, which will be used according to the general rules.

Article 136.

1. In the cases referred to in Articles 29 and 30, the precautionary measure shall be adopted unless it is apparent that the situations provided for in those Articles or the measure cause a disturbance to the general or third interests are not given. the Judge shall weigh in a circumstantial manner.

2. In the cases referred to in the preceding paragraph, the measures may also be requested before the action is brought, in accordance with the provisions of the preceding Article. In such a case, the person concerned shall request his/her ratification when the appeal is lodged, which shall be done inexcusably within 10 days of the notification of the adoption of the precautionary measures. The appearance referred to in the previous article shall be convened within three days.

If the appeal is not brought, the agreed measures will automatically be left without effect, and the applicant must compensate for the damages that the precautionary measure has produced.

CHAPTER III

Incidents and Invalidity of Procedural Acts

Article 137.

All incidental issues that are raised in the process will be substantiated in separate part and without suspending the course of the cars.

Article 138.

1. Where it is alleged that one of the acts of the parties does not meet the requirements laid down in this Law, the one in such a case may either remedy the defect or object to it within 10 days of the date of the notification of the document containing the claim.

2. Where the court, of its own motion, appreciates the existence of a subsable defect, it shall give the judgment in which it is liable and grant the said period for the purposes of the remedy, with suspension, where appropriate, of the judgment set.

3. Only where the defect is insubsable or not properly remedied in time, the resource may be decided on the basis of such defect.

CHAPTER IV

Procedural costs

Article 139.

1. In the first or only instance, the court, in giving judgment or in order to resolve by order the resources or incidents which it is promoting, shall pay the costs, duly reasoned, to the party holding its action or interpare resources with bad faith or fear.

By way of derogation from the foregoing paragraph, the costs shall be imposed on the party whose claims have been rejected where otherwise the purpose of the appeal would be lost.

2. In other instances or degrees, the appellant shall be imposed if the appeal is totally dismissed, unless the court, duly reasoning, appreciates the concurrence of circumstances justifying its non-imposition.

3. The imposition of the costs may be all, part of them or up to a maximum figure.

4. For the levy on the costs imposed on individuals, the creditor administration shall use the award procedure, in default of voluntary payment.

5. In no case shall the costs be imposed on the Prosecutor's Office.

6. The costs incurred in the cars shall be regulated and assessed in accordance with the provisions of the Civil Procedure Act.

Additional disposition first. Historical Territories and Arbitration Commission of the Basque Country.

1. In the Autonomous Community of the Basque Country, the reference in Article 1 (2) of this Law includes the Foral Diputations and the Institutional Administration of which the same applies, the reference in Article 1 (3) (a) includes the acts and provisions on staff and property management subject to public law adopted by the competent bodies of the General Boards of the Historical Territories.

2. It is not for the Administrative Jurisdiction Jurisdiction to be aware of decisions or decisions rendered by the Arbitration Commission referred to in Article 39 of the Statute of Autonomy of the Basque Country.

Additional provision second. Update of quantis.

The government is authorized to update the amounts indicated in this Law every five years, before the General Council of the Judiciary and the Council of State report.

Additional provision third. Record of statements.

1. The Chambers of the Administrative-Administrative Court of the Superior Courts of Justice, the National Court and the Supreme Court will refer to the General Council of the Judiciary, within ten days of signing, statements given in the processes that they are aware of.

2. The General Council of the Judiciary shall, with such judgments, constitute a Registry, whose certifications shall attest to all types of processes.

Additional provision fourth. Appeals against certain acts, resolutions and provisions.

They will be actionable:

1. The administrative acts which are not subject to ordinary appeal by the Bank of Spain and the decisions of the Minister for Economic Affairs and Finance to resolve the ordinary remedies against acts issued by the Bank of Spain and the provisions issued by the aforementioned entity, directly, in a single instance, before the Chamber of the Administrative-Administrative of the National Court in accordance with the provisions of Law 13/1994, of 1 June, of Autonomy of the Banco de España.

2. Administrative acts not subject to ordinary appeal by the National Securities and Exchange Commission and the decisions of the Minister for Economic Affairs and Finance to resolve ordinary remedies against acts adopted by the Commission National of the Stock Market, as well as the provisions dictated by the aforementioned entity, directly, in a single instance, before the Chamber of the Administrative-Administrative of the National Audience.

3. The decisions of the Court of Defense of the Competition, directly, in a single instance, before the Chamber of the Administrative-Administrative of the National Audience.

4. The resolutions of the Arbitration Board governed by the Organic Law 3/1996, of 27 December, of partial modification of the Organic Law 8/1980, of 22 September, of Financing of the Autonomous Communities, directly, in a single instance, before the Room of the Administrative-Administrative of the National Audience.

5. The administrative acts dictated by the Data Protection Agency, the Commission of the National Electrical System, the Telecommunications Market Committee, the Economic and Social Council, the "Cervantes" Institute, the Nuclear Safety Council and the Council of Universities, directly, in a single instance, before the Chamber of the Administrative-Administrative of the National Audience.

Additional provision fifth. Amendment of the recast text of the Labour Procedure Act.

Article 3 of the recast text of the Labour Procedure Act, adopted by Royal Legislative Decree 2/1995 of 7 April, is worded as follows:

" 1. They will not know the courts of social order:

(a) The protection of the rights of freedom of association and the right to strike in respect of civil servants and the staff referred to in Article 1.3.a) of the recast text of the Law on the Status of Workers.

(b) of the decisions given by the General Treasury of Social Security in the field of revenue management or, where appropriate, by the Management Entities in the case of joint collection fees, as well as those relating to the settlement and infringement proceedings.

(c) Of the form of order sought in respect of the general provisions and acts of public administrations which are subject to the administrative law in the field of employment, except for those referred to in paragraph 1. next.

2. The courts of the social order shall, in any event, and after claiming in the terms provided for in Articles 69 to 73 of the present text recast, before the relevant public administration, of the claims relating to:

(a) Administrative decisions concerning the imposition of any sanctions for all types of social order offences, with the exception provided for in paragraph 1 (b) of this Article.

(b) Administrative decisions on the regulation of employment and administrative action in the field of collective transfers. "

Additional provision sixth. Amendment of the text of the Law of Bases on the economic-administrative procedure.

Article 40 of the text of the Law of Bases 39/1980 of 5 July on the economic and administrative procedure, adopted by Royal Decree 2795/1980 of 12 December 1980, is hereby worded as follows:

" 1. The decisions of the Minister of Economy and Finance and of the Central Economic and Administrative Tribunal will be used by the administrative-administrative procedure before the National Court, except for the resolutions handed down by the Economic and Administrative Court. Central in matters of temporary taxes, which shall be brought before the competent High Court of Justice.

2. Decisions taken by the Regional and Local Administrative and Administrative Tribunalsthat end the economic and administrative path shall be brought before the competent High Court of Justice. '

First transient disposition. Matters of jurisdiction of the Courts of the Administrative-Administrative.

1. The proceedings pending before the Chambers of the Administrative-Administrative Court of the Superior Courts of Justice whose jurisdiction corresponds, in accordance with this Law, to the Courts of the Administrative-Administrative Court, will continue to be dealt with in the Rooms to their conclusion.

2. As long as the Courts of the Administrative-Administrative Court do not enter into operation, the Chambers of the Administrative-Administrative of the Supreme Courts of Justice will exercise jurisdiction to hear about the processes that, under this Law, have been attributed to the Courts. In these cases, the system of remedies will be established in this Law for the judgments handed down in the second instance by the Chambers of the Administrative-Administrative of the Supreme Courts of Justice.

Second transient disposition. Ordinary procedure.

1. The administrative-administrative appeals brought before the entry into force of this Law will continue to be substantiated in accordance with the rules governing the date of their initiation.

2. However, where the time limit for giving judgment in such proceedings has been initiated after the entry into force of this Law, application shall be made in the judgment of the provisions of Section 8 of Chapter I of Title IV. If a precept is to be applied which would bring innovation, the parties shall be given an extraordinary common period of 10 days to hear them.

3. The rules of Section 9 of Chapter I of Title IV shall also apply to all legal-administrative appeals in which no judgment has been given to the entry into force of this Law.

Transitional provision third. Appeals.

1. The system of the various appeals regulated in this Law will be fully applicable to the decisions of the Chambers of the Administrative-Administrative Office of the National Court and the High Courts of Justice that are after its entry into force and after the date of its entry into force, the time limits laid down in the preceding legislation for the preparation or lodging of the appeal procedure has not elapsed. In the latter case, the time limit for preparing or bringing the appeal under this Law shall be counted from the date of its entry into force.

2. Appeals prepared prior to the entry into force of this Law shall be governed by the foregoing legislation.

Transitional disposition fourth. Execution of statements.

The execution of the final judgments handed down after the entry into force of this Law shall be carried out in accordance with the provisions of this Law. Those previously issued, of which the total execution shall not be recorded, shall be carried out on the pending in accordance with the same.

Transient disposition fifth. Special procedure for the protection of the fundamental rights of the person.

The resources of the person in question for the protection of the fundamental rights of the person prior to the entry into force of this Law shall continue to be substantiated by the rules governing the date of their initiation.

Transitional disposition sixth. Question of illegality.

The question of illegality can only be raised in all proceedings whose judgment has become firm since the entry into force of this Law.

Transitional disposition seventh. Special procedure for the administrative suspension of agreements.

The system of the special procedure in cases of administrative suspension of agreements governed by Article 127 shall apply to the challenges and transfers of suspended acts which take place after their adoption. entry into force, even if such acts were issued before that date.

Transient disposition octave. Precautionary measures.

In proceedings pending the entry into force of this Law, the precautionary measures provided for in Chapter II of Title VI may be requested and agreed.

transient disposition ninth. Procedural costs.

The procedural costs regime established in this Law shall apply to the processes and resources that are initiated or promoted after its entry into force.

First repeal provision. General repeal clause.

All rules of the same or lower rank are repealed as far as this Law is concerned.

Repeal provision second. Repeal of rules.

The following provisions are repealed:

(a) The Regulatory Law of the Jurisdiction-Administrative Jurisdiction of 27 December 1956.

b) Articles 114 and 249 of Law 118/1973 of 12 January, recast of the Law on Reform and Agrarian Development.

(c) Articles 6, 7, 8, 9 and 10 of Law 62/1978 of 26 December 1978 on Jurisdictional Protection of the Fundamental Rights of the Person.

(d) Article 110 (3) of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Final disposition first. Additional to the Civil Procedure Act.

As not provided for by this Law, it will govern as a substitute for Civil Procedure.

Final disposition second. Development of the Law.

The Government is authorized to issue any provisions for the implementation and development of this Law. In particular, within one year of the entry into force of this Law, the Government, on a proposal from the General Council of the Judicial Branch, will regulate the organization and access to the Register provided for in the additional third-party provision time, the Government will prepare the necessary programs for the establishment of the single-personal organs of the administrative-administrative dispute in the period between 1998 and 2000, corresponding to the General Council of the Judiciary and the Ministry of Justice or, where appropriate, the competent authority of the Autonomous Community of development and implementation, within the scope of their respective competencies.

Final disposition third. Entry into force.

This Law shall enter into force within five months of its publication in the "Official Gazette of the State", except as regards the attribution to the social jurisdiction of the matters referred to in paragraph 2 (a) of the Article 3 of the Law of Labor Procedure, which will make it the year of the entry into force of the rest of the Law.

Therefore, I command all Spaniards, individuals and authorities, to keep and keep this Law.

Madrid, July 13, 1998.

JOHN CARLOS R.

The President of the Government,

JOSÉ MARÍA AZNAR LÓPEZ