Common rules for how Spanish public administrations must act

Automatic summary, not yet reviewed

1. The Law sets the basic rules for the legal regime, the common administrative procedure and the liability system of all public administrations: the State, the Autonomous Communities and local entities.
2. Administrations must cooperate with each other: respect each other's powers, share information and provide assistance. This cooperation can take the form of sectoral conferences, collaboration agreements and consortia.
3. Citizens have rights when dealing with the administration: to know the status of their file, to identify the officials responsible for the procedure, to submit arguments, and not to provide documents the administration already has.
4. The administration must issue an express decision on every request. If it does not answer in time, in many cases the request is deemed approved, as a safeguard against inaction.
5. Requests, written submissions and communications can be filed at the registry of any administrative office of the State or of the Autonomous Communities, and registries must be kept on computer systems.
6. The administrative procedure is structured in phases: initiation (by the administration or at the request of the interested party), management, processing (with arguments, evidence, reports and a hearing stage) and ending through a decision, withdrawal, waiver or expiry.
7. Against administrative decisions there is a single ordinary appeal, with a one-month deadline, before the hierarchical superior. There is also an extraordinary review appeal for very specific cases, such as forged documents or factual error.
8. The administration must compensate individuals for damage to their property and rights caused by the operation of public services, except in cases of force majeure, and the right to claim expires one year after the damage occurs.

Who it affects

• Any citizen dealing with the administration (requests, permits, appeals): Gains rights such as knowing the status of the file, submitting arguments and getting an answer on time.
• Businesses and professionals: Their permit and authorization requests are deemed approved if the administration does not answer in time, in the cases provided for.
• State administration, Autonomous Communities and local entities: They must cooperate with each other, decide on time and follow the common rules on procedure and liability.
• People harmed by the operation of public services: They can claim compensation from the corresponding administration.

Words worth knowing

Silencio administrativo (administrative silence)

What is deemed decided when the administration does not answer on time: it can be favorable (request approved) or unfavorable (request denied).

Trámite de audiencia (hearing stage)

Phase in which the case file is shown to the interested parties so they can submit arguments and documents before the decision.

Recurso administrativo (administrative appeal)

A request made to a body within the administration itself to review a decision you disagree with.

Nulidad de pleno derecho (absolute nullity)

A defect so serious that the decision has no value from the start, for example if it violates fundamental rights.

Responsabilidad patrimonial (government liability for damages)

The administration's obligation to pay compensation for damage caused by its operation.

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