Common rules for dealing with Spanish public authorities

Automatic summary, not yet reviewed

1. The Law regulates the requirements of administrative acts and the common procedure for all public authorities, including sanctioning and liability procedures. Additional steps can only be added by law.
2. It applies to the entire public sector: the State Administration, the Autonomous Communities, local entities and the institutional public sector. Professional corporations follow their own rules, with this Law applying as a supplement.
3. To act before a public authority, in general it is enough to identify yourself. An electronic signature is only required for applications, sworn statements, communications, appeals, withdrawals and waivers of rights.
4. Legal entities, entities without legal personality, professionals whose activity requires mandatory membership of a professional association, representatives and public employees must deal with public authorities electronically. Other individuals may choose the means.
5. The authority must issue an express decision and notify it in all procedures. The maximum period may not exceed six months, or three months if no period is set by the applicable rule.
6. In procedures started at the request of an interested party, if the maximum period passes without a reply, administrative silence allows the request to be deemed granted, unless the law says otherwise. The authority must issue a silence certificate within fifteen days on its own initiative.
7. There is a simplified procedure, with a maximum decision period of thirty days and a closed list of steps. If any additional step is needed, the procedure must follow the ordinary route.
8. Before drafting a law or regulation, the authority must hold a public consultation on the problems to be solved, the need for the rule and its goals. It must also publish an annual Normative Plan.

Who it affects

• Anyone handling a case with a Spanish public authority: Gets maximum decision periods, administrative silence rules and rights such as not having to submit original or already submitted documents.
• Companies and professionals with mandatory association membership: Must deal with public authorities electronically.
• People acting on behalf of someone else: Must prove their representation, with powers registered in electronic registers valid for a maximum of five years.
• Public authorities: Must use electronic means, keep electronic registers and files, and decide within the deadlines.

Words worth knowing

Silencio administrativo (administrative silence)

What happens when the authority does not reply within the deadline. Depending on the case, the request is deemed granted or denied.

Acto administrativo (administrative act)

A formal decision issued by a public authority that affects rights or interests.

Declaración responsable (sworn statement)

A document in which a person states, under their own responsibility, that they meet the requirements to exercise a right or start an activity.

Apoderamiento apud acta (power of attorney granted before the authority)

A power of attorney granted before the authority itself, in person or electronically, so someone else can act on your behalf.

Caducidad (expiry of the procedure)

Closing of the procedure when it stalls because of the interested party, after a warning and three months without resuming it.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries