Cross-cutting area · Nationwide coverage · All public administrations
Administrative Law Lawyers in Spain
Appeals through administrative and judicial review channels, State patrimonial liability, ex officio review and defence in sanctioning proceedings against any public administration. More than 20 years appearing before the Supreme Court, the National Court and the regional High Courts across Spain.
Key element
Table of critical deadlines in administrative law
Deadlines in administrative law are limitation periods: missing them permanently closes off the challenge. The first step in any matter is calculating the exact deadline from the act's formal notification.
| Route / Appeal | Deadline (express act) | Deadline (silence) | Competent body | Legal basis |
|---|---|---|---|---|
| Reconsideration appeal | 1 month | 3 months | Same body that issued the act | Art. 123 Law 39/2015 |
| Administrative appeal | 1 month | 3 months | Superior hierarchical body | Art. 121 Law 39/2015 |
| Judicial review | 2 months | 6 months | Regional High Court / National Court / Supreme Court | Art. 46 LJCA |
| Patrimonial liability | 1 year from the damage | — | Liable administration + High Court / National Court / Supreme Court | Art. 67 Law 39/2015 |
| Ex officio review (void acts) | No deadline | — | Body that issued the act + Council of State opinion | Art. 106 Law 39/2015 |
| Ex officio review (voidable acts) | 4 years | — | Body that issued the act + Council of State opinion | Art. 107 Law 39/2015 |
* Deadlines in calendar days/months unless stated otherwise. Deadlines in tax, urban planning and sector-specific matters may differ.
What we do
Administrative law services
Administrative law is the backbone of almost every matter Dobarro y Asociados handles. We act at every stage and before every public administration.
Administrative appeals
Preparing and filing reconsideration and administrative appeals against acts of any public administration. Precise deadline calculation, identifying the competent body, and drafting submissions with a solid legal basis. Particular attention to sanctioning acts, refusals of licences and authorisations, and public contract terminations.
Judicial review (contencioso-administrativo)
Procedural representation before the regional High Court, the National Court and the Supreme Court. Defence in ordinary, expedited and special proceedings. Challenging regulations and general provisions. Cassation appeal before the Third Chamber of the Supreme Court on unification of doctrine and case-law formation.
Patrimonial liability
Claiming damages caused by the normal or abnormal functioning of public services: liability for public works and services, damage from police or security force action, public healthcare liability, damage arising from improper licences or authorisations, and losses from administrative inactivity or delay.
Ex officio review
Initiating ex officio review of acts that are void as a matter of law and voidable acts harmful to the public interest. Preparing the file for the opinion of the Council of State or the equivalent regional advisory body. Challenging final acts that breach fundamental rights or are affected by grounds of absolute nullity.
Defence in sanctioning proceedings
Representation in sanctioning proceedings brought by any public administration: environmental, industrial, urban planning, tax or sector-specific. Submissions at the hearing stage, proposing evidence, administrative appeal and judicial review. Strategy geared towards annulment for procedural defects or reducing the penalty on proportionality grounds.
Administrative silence and deadlines
Calculating and managing positive and negative administrative silence deadlines. Prior formal requests to challenge administrative inactivity (art. 29 LJCA). Claims for failure to resolve within the deadline. Monitoring pending procedures to avoid the lapse of deadlines.
How it works
State patrimonial liability: the 3 requirements
For a patrimonial liability claim against a public administration (arts. 32-35 Law 40/2015) to succeed, the following three elements must be met cumulatively:
01
Effective, quantifiable and individualised damage
The harm must be real and certain — not merely hypothetical — quantifiable in money, and attributable to a specific party. Moral damages are compensable if proven. Losses from lost profits are admissible when the frustrated gain was reasonably expected.
02
Direct causal link with the functioning of the public service
The damage must be a direct consequence of the normal or abnormal functioning of public services. The administration is liable regardless of whether it acted correctly (strict/objective liability). The causal link is broken only by force majeure, the injured party's exclusive fault, or the intervention of a third party.
03
Unlawfulness: no legal duty to bear the damage
The individual was not legally obliged to bear the damage received. If the affected party did have that duty — as with restrictions lawfully established during a state of emergency — there is no unlawfulness and the claim will not succeed. This is the most specific requirement and the one that generates the most dispute in defence.
Claim deadline: 1 year from the damage or from when its full extent became known (art. 67 Law 39/2015). Resolution: 3 months. Silence: deemed rejection. Subsequent appeal: judicial review within 2 months.
Related areas
Administrative law in practice
Administrative law is the legal foundation underpinning every practice area at the firm. These are the matters where its application has the greatest impact for our clients:
Sanctioning proceedings, submission deadlines (10-15 working days) and appeals up to the Supreme Court. Fines of up to €2,000,000.
The most strategic administrative appeal in public procurement: free, 15 working days, suspends the procedure.
Fines from regional industry departments of up to €600,000 (Law 21/1992) and up to €2,000,000 for waste infringements.
Urban planning discipline, compulsory purchase and planning. Limitation period for infringements: 4-6 years or none.
Frequently asked questions about administrative law
When can patrimonial liability be claimed against the administration?
Patrimonial liability can be claimed when three cumulative requirements are met: effective and economically quantifiable damage, a direct causal link with the functioning of the public service, and unlawfulness (the injured party had no legal duty to bear the damage). The claim deadline is 1 year from when the damage occurred or from when its full extent became known (art. 67 Law 39/2015). Once filed, if the administration rejects the claim or 3 months pass without a response, the judicial review route is open.
What is the difference between a reconsideration appeal and an administrative appeal?
The reconsideration appeal (art. 123 Law 39/2015) is filed with the same body that issued the act within 1 month. It is optional: the interested party may file it or go directly to judicial review. The administrative appeal (art. 121 Law 39/2015) is filed with the superior hierarchical body and is mandatory when the act does not exhaust the administrative route. Acts of superior bodies (Ministers, regional Councillors) exhaust the administrative route directly and open the judicial review deadline.
What happens if the administration does not respond to my appeal or application?
Under negative silence, failure to resolve within the deadline is treated as a deemed rejection that enables judicial review within 6 months (art. 46 LJCA). Under positive silence, the application is deemed granted by operation of law. Negative silence is the general rule in proceedings initiated ex officio (such as sanctioning proceedings). If the administration does not respond within the maximum deadline — 3 months by default — the interested party may treat the application as rejected and challenge it.
How long do I have to appeal an administrative act before the courts?
The deadline for filing a judicial review appeal is 2 months from notification of the act that exhausts the administrative route (express act), or 6 months from negative administrative silence (art. 46 LJCA). These are strict limitation periods: missing them renders the appeal inadmissible with no possibility of remedy. Precisely calculating the deadline from formal notification of the act is the essential first step in any feasibility analysis.
What is ex officio review and when can it be requested?
Ex officio review (arts. 106-107 Law 39/2015) allows the annulment of acts that are void as a matter of law to be sought with no time limit, or of harmful voidable acts within 4 years of their issuance. Acts void as a matter of law are those that breach fundamental rights, were issued by a manifestly incompetent body, have impossible content, or constitute a criminal offence. In all cases, the Council of State or the equivalent regional advisory body must issue a favourable opinion before the administration can declare the nullity.
Do you need to assess the feasibility of an appeal?
The first step is always to check the deadline. Tell us what act you received and when you were notified. We'll tell you honestly whether there is room to act and how we can help.
Discuss your case →