Administrative Litigation: How to Challenge Government Decisions in Spain

Administrative Litigation: How to Challenge Government Decisions in Spain

Administrative litigation (recurso contencioso-administrativo) is the judicial avenue for challenging Public Administration decisions that violate citizens' rights. Regulated by Law 29/1998 (LJCA), it ensures judicial control over administrative activity.

What Acts Can Be Challenged

Under Article 25 of the LJCA: express and presumed acts exhausting the administrative avenue, general regulations, administrative inactivity (Article 29 LJCA), and de facto action (Article 30 LJCA).

Prerequisites: Exhausting the Administrative Avenue

Alzada appeal (Articles 121-122 LPAC): 1 month deadline (3 months if silence). Optional reposición appeal (Articles 123-124 LPAC): 1 month deadline; may file litigation directly instead. Extraordinary review (Article 125 LPAC): For final acts in specific cases; 4 years (factual error) or 3 months (other cases).

Filing Deadlines (Strict: Non-Interruptible)

• 2 months from notification of express act (Article 46.1 LJCA)
• 6 months from negative administrative silence
• 2 months from publication of challenged regulation
• 20 days against inactivity (Article 29 LJCA)
• 10 days against de facto action (Article 30 LJCA)

Administrative silence: Under Article 24 of Law 39/2015 (LPAC), the general rule is positive silence for procedures initiated at the party's request, with express exceptions.

Standing (Article 19 LJCA)

Natural and legal persons with legitimate interest, corporations and associations, government entities against each other, the Public Prosecutor, and any citizen in popular action cases.

Ordinary Procedure

Filing (Article 45), administrative file request (Article 48, 20 days), complaint (Article 52, 20 days), answer (Article 54, 20 days), evidence (Articles 60-61, 30 days), conclusions (Article 62), judgment (Article 67, 10 days).

Abbreviated Procedure (Article 78 LJCA)

For matters up to EUR 30,000, personnel, immigration, asylum. Complaint filed directly with initial brief; oral hearing concentrating arguments, evidence, and conclusions within 3 months.

Interim Measures (Articles 129-136 LJCA)

Types: suspension of challenged act, positive measures, unnamed measures. Adoption criteria (Article 130): periculum in mora and fumus boni iuris, balancing all interests. Court may require deposit (Article 133).

Court Costs

Objective defeat criterion (Article 139 LJCA): costs imposed on party whose claims are all rejected; exemption possible for serious factual or legal doubts.

Judgment Enforcement

Administration must comply (Article 103 LJCA). Court may require compliance, execute directly, impose coercive fines, or refer for possible disobedience charges.

How Lexiel Helps

Lexiel offers: administrative act analysis, automatic deadline calculation, filing and complaint brief generation, interim measure requests, Supreme Court Third Chamber case law search, and applicable regulation identification.

Conclusion

Administrative litigation is the citizen's ultimate guarantee against arbitrary government decisions. Respecting deadlines, exhausting administrative avenues, and adequately grounding claims are the keys to success.

Need to challenge a government decision? Lexiel analyzes the act, calculates deadlines, generates briefs, and searches relevant Supreme Court case law.

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