Contentious appeal – administrative

  • What is?

This is a judicial process that one goes to challenge an administrative action detrimental to the interests of the appellant.

  • Does a lawyer need?

Yes, except in the case of issues of staff in personnel not involving immovable separation of public employees.

  • Does Attorney missing?

Yes, in cases in which the administrative appeal are brought before professional bodies, ie High Court, High Court or Supreme Court. In other cases, ie, cases followed before the Contentious Court and Central Courts, the lawyer will act as the prosecutor.

  • How many types of processes exist?

Apart from the special processes, the short and ordinary. The Short characterized in that a hearing is held, and demand is drawn up without even having the administrative record. Theoretically, as the name suggests, it is faster than the ordinary, that substance entirely in writing, unless there is expert evidence or testimony process.

  • How do I know if my process is abbreviated or regular?

If the process amount is less than 30,000 euros, the same shall be treated as summary proceedings. It will also be abbreviated when it comes to personnel issues, Aliens and sport on doping, regardless of cuantía.En the proceedings before the High Court, High Court and Supreme Court, always under the procedure ordinary.

  • Do I have to go to trial?

It is not necessary. You grant one (notarial or in the seat of the judiciary) power that allows the attorney, or if, the attorney, to represent him throughout the procedure.

  • Can I have access to the administrative file in the judicial process?

Yes. In fact, demand in the ordinary procedure, is drawn in view of the record. In summary proceedings should be forwarded before the day of judgment to make arguments in the light of it.

  • Is there an order for costs If you lose?

Since the last legal reform, yes. Called own objective criteria of maturity of civil jurisdiction is welcomed, although judges may moderate the amount of costs at its discretion.

  • Can I appeal the decision?

It Depends. If the amount is less than 30,000 euros, no appeal. Otherwise, you can file an appeal. Also worth appeal to the Supreme Court in certain types of processes. The dismissal of an appeal or appeal the imposition determines the costs.

  • Can I request the suspension of the contested measure?

Yes. In this case an incident is opened for the Court decides whether to suspend provisionally the enforceability of the contested measure; It is possible to do so in cases where execution can cause serious damage.