APPEALS BEFORE DENIALS

Replenishment resource

HeReplenishment resourceo optional appeal for review is an administrative appeal that can be filed against acts that exhaust the administrative route. It is a means of optional challenge, which implies that the interested party is not obliged to file it before going to the contentious-administrative proceedings.

The optional resource for replacement allowsrequest the administrative body that issued a resolution to change its meaning before challenging it in court.

It is optional becausethe interested party is not obliged to present it in order to go to court.

It should be noted that the appeal for replacement isadministrative type, which differentiates it from its judicial namesake. This means that your processing will be substantiatedin administrative headquartersand not in court.

Therefore, the assistance oflawyerneitherattorneyto file an appeal for reversal. However, theThe help of a lawyer specialized in administrative law is more than recommendedbefore presenting this type of resource, to maximize the chances that the claim will be accepted.

Appeal appeal

Heappeal appealIt is an administrative, ordinary and mandatory document by virtue of which an administrative body is intended to review an act dictated by a body hierarchically dependent on it, confirming that it complies with the law or, on the contrary, its revocation proceeds.

The appeal appealIt is regulated in articles 121 and 122 of Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations (hereinafter, LPACAP).

Sponsored links

HeSponsored linksIt is a judicial procedure used to contradict general provisions orexpress or presumed acts of the Public Administration, whether central, regional or local.

Where is the contentious-administrative appeal regulated?

The legal basis of the contentious-administrative appeal is found in theLaw 29/1998, of July 13, regulating the Contentious-Administrative Jurisdiction. Specifically, in its Title III (object of the contentious-administrative appeal) are the most important notions to take into account about this judicial procedure.