Unlawful de facto administrative action
Material action by the Administration lacking the necessary basis in a prior administrative act or that manifestly departs from the legally established procedure. The most serious case of administrative irregularity. Individuals may go directly to the administrative courts without exhausting the administrative route.
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Other Administrative law terms
Temporary residence authorization for exceptional circumstances for undocumented foreigners. Three types: social (3 years), labor (2 years) and family.
Legal effect produced when the Administration fails to resolve within the legal deadline. Silence may be positive (request deemed granted) or negative (request deemed rejected). Generally, silence is positive in procedures initiated at the request of the interested party; negative in ex officio procedures and certain regulated ones (planning licences, activities in public domain).
Ordinary appeal against acts that do not exhaust the administrative route, filed before the hierarchically superior body. Deadline: 1 month for express acts, 3 months from negative silence. If the Administration does not resolve within 3 months, it is deemed dismissed (negative silence). Exhausts the administrative route.
Optional appeal filed before the same body that issued the act, prior to going to the administrative courts. Not mandatory. Deadline: 1 month from notification of the express act. Does not suspend the deadline for appeal to the administrative courts.
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