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What it is

How the new Spanish administrative court law works and when it starts

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 6 June 1997. Introduced by: Gobierno.

Official title: Government bill regulating the Contencioso-Administrative Jurisdiction.

Source: Congreso de los Diputados, file 121/000068· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law takes effect five months after its publication in the Official State Gazette, except for one part on labor matters that takes effect one year later.
  2. It repeals the previous 1956 law and other rules that conflict with this law, including several articles on protection of fundamental rights and administrative procedure.
  3. For anything this law does not cover, the Civil Procedure Act applies as a supplementary rule.
  4. The Government may issue the rules needed to apply the law, must regulate the case-law Registry within one year, and must prepare the launch of the new single-judge courts between 1998 and 2000.
  5. A Registry of judgments is created at the General Council of the Judiciary: the chambers of the Superior Courts of Justice, the National Court and the Supreme Court must send their judgments there.
  6. The Government is authorized to update every five years the amounts in pesetas set by the law, after a report from the General Council of the Judiciary and the Council of State.
  7. Cases already filed before the law takes effect continue under the old rules, although some new rules on judgments, enforcement, interim measures and court costs do apply.
  8. Acts of bodies such as the Bank of Spain, the National Securities Market Commission or the Data Protection Agency can be appealed directly to the administrative chamber of the National Court.

Who it affects

  • Anyone who wants to challenge a public administration's decision: They must wait five months to use the new law and get new channels, such as appealing acts of regulatory bodies to the National Court.
  • People with lawsuits already underway: Their cases continue under the old rules, with some exceptions on judgments, enforcement and interim measures.
  • Administrative law judges and courts: They must send their judgments to the new Registry at the General Council of the Judiciary and apply the Civil Procedure Act as a supplementary rule.
  • The Government: It can update the law's monetary amounts every five years and must issue implementing rules and organize the new courts.

Words worth knowing

Contencioso-administrativo
The branch of the Spanish judiciary that handles disputes between citizens and public administrations.
Supletoria (supplementary)
A rule that applies only when the main law says nothing about an issue.
Derogar (to repeal)
To invalidate a previous law or rule.
BOE
Boletín Oficial del Estado, the official gazette where Spanish laws are published so they become known and binding.
Audiencia Nacional (National Court)
A Spanish court based in Madrid that hears certain cases nationwide, such as appeals against some regulatory bodies.

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

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced6 June 1997Someone registers the text in the Congreso.
  2. Admitted10 June 1997The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments18 June 1997Groups propose changes.
  4. Committee29 October 1997A committee goes through the text in detail.
  5. Plenary11 March 1998All 350 deputies vote.
  6. Senate26 March 1998The Senate can pass it, amend it or veto it.
  7. BOE25 June 1998It is published in the Official State Gazette (BOE) and comes into force.
See the 9 official steps on a timeline
Jun 1997Sept 1997Dec 1997Mar 199811. 6 June 1997: Presentación22. 10 June 1997: Comisión de Justicia e Interior Publicación desde 10/06/1997 hasta 18/06/199733. 10 June 1997: Calificación44. 18 June 1997: Comisión de Justicia e Interior Enmiendas desde 18/06/1997 hasta 29/10/199755. 29 October 1997: Comisión de Justicia e Interior Informe desde 29/10/1997 hasta 25/02/199866. 25 February 1998: Comisión de Justicia e Interior Dictamen desde 25/02/1998 hasta 11/03/199877. 11 March 1998: Pleno Aprobación desde 11/03/1998 hasta 26/03/199888. 26 March 1998: Senado desde 26/03/1998 hasta 25/06/199899. 25 June 1998: Concluido - (Aprobado con modificaciones) desde 25/06/1998 hasta 21/07/1998

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?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Presented before in:

Published in the BOE: Law 29/1998, of July 13, regulating the Contencioso-Administrative Jurisdiction.

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.