The filing of the contentious-administrative appeal

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The document filing the contentious-administrative appeal is the one that determines the beginning of the ordinary procedure, by virtue of which, the appellant announces that he has been aware of an administrative act, express or presumed, with which he does not agree and that, for Therefore, considering that it is not in accordance with the law, it initiates a procedure before the contentious-administrative jurisdiction, in order for it to carry out its review function. Even considering that the document filing the contentious-administrative appeal is simple, practice reveals that on many occasions it tends to be neglected. In essence, it must be limited to: (i) citing the provision, act.

In this sense, being so important, an interposition cannot be carried out without delimiting the act or action that is challenged, nor can it be done with vague, tenuous or generic references. The contested Cell Phone Number List act or resolution must be specified precisely and clearly, because otherwise the risk of its inadmissibility increases considerably. Likewise, it is significant to highlight that this simple document filing the contentious-administrative appeal must be accompanied by a whole series of essential documentation referred to in article of Law /, of July , regulating the Contentious-administrative Jurisdiction (hereinafter, the LJCA) and which consists, succinctly, of: (i) The power to file lawsuits or apud minutes that accredit our representation. (ii) The copy or transfer of the act or provision that is challenged. (iii) Additionally, and depending on the case, the document that accredits the appellant's legitimacy must be accompanied, if this has been transmitted by inheritance or by any other title.



Subsequently, once the document filing the contentious-administrative appeal has been submitted , the Lawyer of the Administration of Justice will examine its validity ex officio. If it is determined to be valid, it will be accepted for processing. However, if the aforementioned documents are not accompanied, or they are presented incomplete, the Lawyer of the Administration of Justice will consider that the requirements established in the LJCA for the filing of the contentious-administrative appeal are not met , and will request its correction within a period of days. In the event that, within said period, the appellant does not correct the defects, the judge or court competent to hear the contentious-administrative appeal will declare the corresponding file of the proceedings in accordance with the provisions of article of the LJCA. II. The deadline for filing the contentious-administrative appeal The deadlines for filing contentious-administrative appeals are different depending on the object challenged.