He extraordinary appeal for review It is found in article 125 of Law 39/2015, where the administrative act must be firm. Which means that it must be a legal act against which there is no ordinary administrative complaint, being mandatory or optional.
It can be considered that they coincide with the acts that put an end to the administrative process of article 114 of Law 39/2015. It is possible that actions are carried out that in principle would not be used because they are not appropriate.
If the law has terminated the administrative procedure, the state subject to the optional re-examination resource can be applied.
Jurisprudence of the extraordinary appeal for review
The jurisprudence of the courts has shown that after prosecution, it is not possible to file a administrative complaint For revision. In these cases, a request for review of final judgments of article 102 of the Law must be submitted.
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Only the legal recourse of review of final judgments and not the request of the extraordinary appeal for review can get in the way. Against those actions whose conformity or non-compliance with the legal system has been declared by means of a final judgment in the controversial administrative procedure.
Due to this extraordinary nature, the claim of the extraordinary appeal for reviewIt can only occur in certain circumstances. This prevents the extraordinary request for review from examining issues that should have been invoked through resources ordinary.
This element includes legal proceedings against the act that puts an end to the administrative procedure. Otherwise, legal certainty and the firm suspension of the administrative acts.
The jurisprudence of the courts has a restrictive vision of the grounds that allow the filing of the extraordinary appeal for review. This is reflected in practice in numerous cases of inadmissibility and rejection of contentious administrative actions exercised.
Circumstances for the application of the extraordinary appeal for review
There are particular circumstances that make it possible to file an extraordinary resource against a final administrative act according to article 125.
When a factual error occurred when the law was approved, as a result of the documents contained in the process. Only what is contained in the factual data of the case is considered a "factual error" without legal assessment.
The jurisprudence requires that the error is actually someone who considers a fact, a thing or a fact. Something that concerns a reality that does not depend on an opinion, a certain criterion or a certain qualification.
Everything that refers to legal issues is excluded from its scope, assessing the importance or scope of indisputable facts. Evaluating the test and interpreting the legal provisions and caveats that are established.
For the purposes of an extraordinary request for review, the factual error must also be obvious, undeniable and flagrant. It must be evident in the documents in the file.
These documents have a fundamental value in resolving the issue that evidences the failure of the controversial solution. The jurisprudence has determined that certain circumstances must be present for the extraordinary appeal for review be admissible.
They are documents of essential value for the solution of the matter. Any document is not enough to admit the resource.
The documents must be decisive for the decision based on their content. These documents reveal the breach of the Impugned decision.
It doesn't matter if the documents were before or after the solution. These documents must contain the error.
It is not enough to confirm the existence of the document and affirm that it is essential, but to reveal and justify this specialty. It is important that these documents 'appear' spontaneously, without the claimant allowing their creation or provocation.
Request for extraordinary appeal for review in Spanish law
so that the extraordinary request review is admitted, the documents must have influenced the contested decision. Being taken into account to establish the real hypotheses that served as the basis for the review issuance.
Which means that the content of the action rendered would have been different because they were declared wrong. The explanation of the false documents or certificates it must be spelled out clearly at the final judgment.
Whether the resolution was passed as a result of whistleblowing, bribery, violence, or other fraudulent activity. It is necessary that such circumstances be indisputable through final sentence in order to encourage review of an administrative action.
Articles 125 and 126 of Law 39/2015 do not regulate the extraordinary appeal for review. Those who are interested in the administrative procedure will have the right to file an extraordinary appeal for review.
Presenting the elements provided in article 4 of Law 39/2015.
Those who promote it as holders of individual or collective rights or legitimate interests. Without having started the procedure, they have rights that may be affected by the decision adopted in it.
Those whose legitimate interests, individual or collective, may be affected by the resolution and participate in the process. In order for there to be a final resolution.
The associations and organizations representing economic and social interests that will be holders of legitimate collective interests. Under the conditions that the Law recognizes.
Process that justifies the extraordinary appeal for review
It will begin with the presentation of the appeal in it register of the administrative body issued the contested decision. The extraordinary appeal for review has no formal requirements beyond those established by article 66 of Law 39/2015.
For any administrative resource that involves the identification of the appellant, identification of the appeal and reason for challenge. Including the identification of electronic means, or unsuccessfully, as well as other details required, where appropriate, by specific provisions.
Legal persons, persons without legal personality are subject to article 14.2 of Law 39/2015. They are obliged to process the resources electronically.
Once the complaint is filed, it passes the 'admissibility test' to be carried out by the authority responsible for its decision. The appeal is inadmissible based on a reasoned resolution, without the need to obtain the opinion of the Council of State.
If the claim goes beyond the admissibility procedure, a report from the Permanent Council must be obtained according to article 22.9. This opinion does not bind the administration organ, but its omission constitutes a fault in the procedure to declare its nullity.
The deadline for filing the appeal depends on the reason given. Thus, under the terms of article 125.2 of Law 39/2015, certain elements are established.
Deadlines according to the extraordinary review resource in the law
In accordance with art. 125. 1 of Law 39/2015 on extraordinary appeal for review. For incurring in an administrative act in error of fact resulting from the documents incorporated into the process. The term is four years counted from the day following the notification of the contested decision.
After that period, the review appeal will be inadmissible. when the extraordinary appeal for review is based on the causes of sections 2, 3 and 4 of art. 125.
The period will be three months from the discovery of the documents or from the judicial decision. Declare the falsity of the documents, testimonies or statements that the resolution was issued as a result of embezzlement.