Reform of the law governing how government deals with citizens

Automatic summary, not yet reviewed

1. Two new principles are added to the conduct of public authorities: good faith and legitimate trust, meaning the government cannot arbitrarily change what a citizen could reasonably expect. The principle of institutional loyalty between public authorities is also included.
2. Administrative silence becomes positive as a general rule: if the government does not reply in time, the request is deemed approved. There are only exceptions set by law, such as challenges to decisions or matters involving public domain. The certificate of presumed act is abolished.
3. A general deadline for deciding procedures is set: three months if the rules say nothing, and never more than six months unless a law sets a longer one. The government must inform citizens of the maximum deadline and the effects of silence, and staff responsible face disciplinary liability if they fail.
4. The appeals system changes: the reconsideration appeal becomes optional, the appeal to a higher body (recurso de alzada) is restored in its traditional form, and the prior communication before going to court is eliminated. The government's power to review voidable decisions is also limited; it must go to the courts instead.
5. For government liability, compensation is updated and the regime is unified when the government acts under private law. Damages from public health care fall under the administrative litigation jurisdiction.
6. The Government has one year to simplify procedures and two years to adapt them to the new administrative silence, with an Interministerial Commission for this purpose. Procedures already underway follow the previous rules, except for the appeals system. The law takes effect three months after publication in the BOE.

Who it affects

• Citizens who file requests or appeals with the government: They gain maximum decision deadlines, positive silence as the general rule, and a simpler appeals system.
• Public authorities (State, Autonomous Communities and Local Entities): They must follow new principles, cooperate with each other, decide on time and adapt their procedures.
• Public employees and officials: They face disciplinary liability for missing deadlines; the government demands liability from them for damages on its own initiative.
• Patients of the public health system: Claims for health care damages go to the administrative litigation courts.

Words worth knowing

Silencio administrativo (administrative silence)

What the government is deemed to have decided when it lets the deadline pass without replying. It can be positive (the request is approved) or negative (it is rejected).

Recurso de alzada (appeal to a higher body)

A request made to the body superior to the one that issued a decision, asking it to review the decision.

Recurso potestativo de reposición (optional reconsideration appeal)

An optional request to the same body that issued the decision, asking it to review it before going to court.

Responsabilidad patrimonial (government liability for damages)

The government's obligation to compensate for the harm it causes.

Acto anulable (voidable decision)

A government decision with defects that allow it to be annulled, but only by going to the courts.

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