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What it is

Bill to remove mentions of the Recurso de súplica An old appeal against certain court decisions. It no longer exists: it was replaced by the recurso de reposición. appeal

Admitted step 2 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 23 November 2020. Introduced by: Grupo Parlamentario Mixto.

Official title: Private member's bill to amend Law 29/1998, of July 13, regulating the Contentious-Administrative Jurisdiction, regarding the definitive suppression of the reference to the appeal for review, in the text of its articles.

Follow this law

Source: Congreso de los Diputados, file 122/000105· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would amend several articles of the Law on Administrative Court Jurisdiction so that they say "Recurso de reposición An appeal filed with the same body that issued the decision, asking it to review and change it." (reconsideration appeal) instead of "recurso de súplica". It affects Articles 39, 48.8, 78.17, 79 and 87.2.
  2. The recurso de súplica disappeared in 2009, when it was merged into the reconsideration appeal. But instead of rewriting the law, a provision was added stating that any mention of the súplica should be read as reposición. The authors argue this creates legal uncertainty.
  3. The bill would delete that eighth additional provision, leaving it without content.
  4. If passed, the law would take effect the day after its publication in the Official State Gazette (Boletín Oficial del Estado).

Who it affects

  • People filing appeals in administrative court proceedings: The articles governing those appeals would clearly say "recurso de reposición".
  • Judges and administrative courts: They would apply a legal text with no references to an appeal that no longer exists.
  • Lawyers and legal professionals: They would work with a clearer rule and less risk of confusion.

Words worth knowing

Jurisdicción contencioso-administrativa
The branch of the courts that reviews decisions made by public administrations when someone challenges them.
Recurso de súplica
An old appeal against certain court decisions. It no longer exists: it was replaced by the recurso de reposición.
Recurso de reposición
An appeal filed with the same body that issued the decision, asking it to review and change it.
Disposición adicional
A provision added at the end of a law to regulate specific matters.
Proposición de ley
A text through which a parliamentary group proposes a law. It is not an approved law until it goes through the legislative process and is voted on.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 2 of 7 steps. It reached Admitted, and today it is unfinished.

  1. Introduced23 November 2020Someone registers the text in the Congreso.
  2. Admitted30 November 2020The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsnot reachedGroups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 6 official steps on a timeline
Dec 2020Dec 2021Dec 202211. 23 November 2020: Presentación22. 30 November 2020: Boletín Oficial de las Cortes Generales Publicación desde 30/11/2020 hasta 04/12/202033. 30 November 2020: Calificación44. 4 December 2020: Gobierno Contestación desde 04/12/2020 hasta 15/02/202155. 15 February 2021: Pleno Toma en consideración desde 15/02/2021 hasta 30/05/202366. 30 May 2023: Concluido - (Caducado) desde 30/05/2023 hasta 16/06/2023

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It has not been presented again yet.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

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