Antonio Benítez Ostos Career
During his extensive professional career, Antonio Benítez Ostos has held important positions in the Administrative and Administrative Litigation Law departments of prestigious law firms such as Andersen and Martínez Echevarría & Rivera.
He is also a lecturer in public law at several private universities. Specifically at the Instituto Superior de Derecho y Economía de Madrid and at Loyola Andalucía. He has been awarded the “Andalucía Excelente” prize in the Administrative Law category.
He has published more than three hundred articles on issues related to his speciality and has coordinated the Manual on Small Contracts in which sixteen leading professionals have participated.
He has defended matters of major public, social and legal importance – both nationally and internationally – and regularly participates as a guest on television and radio programmes and in national newspapers.
He has been appointed member of the Advisory Board and the Management Committee of the Association of European Attorneys (AEA). In particular, Vice-President and General Manager of the Administrative Law Section at a global scale of the aforementioned association.
He has a very high success rate in the cases in which he has been involved. He aspires to be among the best lawyers in administrative law.
Law degree from the Faculty of Law, Economics and Business Studies of Cordoba. 2003-2008.
Average mark in administrative law: honours.
- Course on the new Public Sector Contracts Law. Renher Group. Madrid. November 2017.
- Master’s Degree in Energy Law given by the National Energy Institute and the Spanish Energy Club -ENERCLUB- Madrid (2013-2014).
- Course on Urban Planning given by the Fydu Foundation and the Marbella Town Council (2013).
- Expert Course on Forced Expropriation and Valuations. Thomson Reuters Aranzadi (2012-2013).
- Course on the Liability of the Public Administrations. Wolters Kluwer Group. La Ley. (2012).
- Expert Course in Public Procurement. University of Deusto -Bilbao- (2011-2012).
- Course on Administrative Management of Industrial Property. School of Industrial Organisation (EOI). Madrid (2011).
- Candidate to the Sub-branch of Secretary, Entry Category, Local Administration, acquiring extensive knowledge in general and special Administrative Law, as well as in Constitutional Law (2008-2011).
- From the beginning of 2009 until January 2014, Antonio Benítez Ostos was Director-Head of the Administrative and Administrative Litigation Law Department of GUTIERREZ LABRADOR ABOGADOS, a law firm based in Madrid and Cordoba, dealing with major cases.
- From January 2014 to the end of October 2017, Director of the Administrative and Administrative Litigation Law Department in the Madrid and Cordoba offices of MARTÍNEZ ECHEVARRIA ABOGADOS, the leading law firm in Andalusia, ranked among the top twenty firms in Spain. He was in charge of the intervention and coordination of all the administrative and administrative litigation files of the aforementioned company.
- From 1 November 2017 until June 2019, he held the professional position of SENIOR ASSOCIATE LAWYER in the Administrative Law Department (Public and Regulatory) of the American firm ANDERSEN TAX & LEGAL (also ranked among the top twenty law firms nationwide).
- From July 2019 to date, Antonio Benítez Ostos has been Managing Partner of ADMINISTRATIVANDO ABOGADOS.
- Professor of Administrative Law and Director of Master’s Degree Projects at the Instituto Superior de Derecho y Economía de Madrid (ISDE).
- Professor of Public Law at the Universidad Loyola Andalucía.
- Director of the Administrative Law Section of the prestigious Economist & Jurist magazine.
- Director and teacher of the Thomson Reuters Aranzadi practical course on Administrative Law.
- Preparer of competitive examinations for different Public Administration bodies.
Acknowledgements in the discipline
Antonio Benítez Ostos has been awarded the “Andalucía Excelente” prize, in the “Administrative Law” category, for his legal training in this discipline, professional career and projection.
Interventions on TV and Radio
We have been interviewed by prestigious television programs on media and current affairs related to Administrative and Contentious-Administrative Law, among which we highlight the appearance of our Partner-Director in the Cuatro programs: “Todo es Mentira”, “Cuatro al día» and “Las Noticias”. De rtve, in the program «Informe Semanal» and «La Hora de la 1». From La Sexta, the programs: “La Lupa” and “Los Informativos”. From TeleMadrid, in the program “Cámara Real”. From TreceTV: “El Cascabel”. Autonomous television of Castilla – La Mancha, in the news.
Direction and coordination of manuals
He has participated in the coordination and direction of the “Manual on minor contracts”, published by the well-known publishing house Thomson Reuters Aranzadi. Fourteen professionals of the highest prestige in administrative law have participated as co-authors. Among them are Judges of the Administrative Litigation Courts of different High Courts of Justice, State Lawyers, Lawyers of the General Courts and the Court of Auditors, a Judge on leave of absence from the Administrative Litigation Chamber of the National High Court, the President of the Administrative Court of Public Procurement of the Community of Madrid, a Professor of Administrative Law, a Lawyer and Comptroller of the Bank of Spain, several Lawyers specialised in Administrative Law and two University Professors.
He has handled cases of major social, political and legal importance. Among the most recent are the following:
- Representing the Victims of the Alvia accident before the Administrative Chamber of the High Court of Justice of Madrid. Requesting an independent technical investigation into the second most serious rail accident in Spain.
- He has advised the International Police Association, the Association of State Treasury Inspectors, the Association of State Management Technicians, the Health Inspectors of the Community of Madrid and Fedeca, which represents the elite civil servant bodies such as the State Attorney’s Office.
- Defended the Asociación Internivelar de Profesores de francés, at Sala de lo Contencioso Administratigo del Tribunal Superior de Justicia de Madrid, against Decree 59/2020, of 29 July, of the Consejo de Gobierno de la Comunidad de Madrid, which reduced French teaching to one hour per week.
- He has directed and intervened in the appeal against the centralised procurement of masks and protective equipment by the Community of Madrid, with an estimated value of close to one billion euros.
- He defended the appeal before the Supreme Court, which ordered the tax authorities to pay 2.8 million euros to the Sol Marbella hotel managed by Meliá.
- He participates in the defence of the Spanish Red Cross in public subsidies and in advising on administrative proceedings of the highest scope.
- He defends one of the main concessionaires of the Soria aerodrome.
- He is involved in the appeal against the revolutionary and controversial judgement in the “case of the interim employees of the Getafe City Council”.
- Among many other profiles, he advises companies, banks, investment funds and top level football clubs.
- Member-collaborator of the Public Procurement Observatory.
- Regular columnist in leading legal newspapers such as Expansión, Confilegal and El Economista, among others.
- Author and invited member to participate doctrinally in the Administrative Law category (legal channel) of blogcanalprofesional (owned by Wolters kluver. Editorial La Ley). I have been recognised as a first class professional, highly qualified in the field.
- Member of the area of collaborators, as a lawyer specialising in Administrative and Administrative Litigation Law, of Noticias Jurídicas.
- Doctrinal collaborator in the Administrative and Local Law Department of Editorial La Ley.
- He regularly gives lectures, refresher courses and expert courses on any subject in Administrative and Administrative Litigation Law, both to Public Administrations and the private sector.
- He has been a member of the Spanish Energy Institute.
- He has been a member of the Asociación de Profesionales del Urbanismo, Ordenación del Territorio y Sostenibilidad.
- He is a regular columnist in magazines and legal spaces specialised in administrative law. Among many other publications, the following stand out:
- Writing and publication of more than three hundred legal articles on administrative law. Administrativando.es.
- «The harsh reality (“cold fact”): Why can we do almost nothing to stop the future Amnesty Law?» November 2023.
- «Demonstrations against the amnesty law: a vision of Administrative Law» Economist & Jurist. November 2023.
- «Does it generate defenselessness when the Administration does not evaluate the allegations of the administrator?: the TS responds» Economist & Jurist. November 2023.
- “Do the lands classified cadastrally as urban in which the relevant action program has not been approved violate the principle of economic capacity?” Economist & Jurist. November 2023.
- “The public service is at risk: the new call for State Treasury Inspectors.” Confilegal. November 2023.
- «Is the Tax Administration obliged to expressly declare the expiration?: The TS responds.» Economist & Jurist. October 2023.
- “Challenges in merit contests: latest judicial pronouncements”. LegalToday. October 2023.
- “On access to electronic devices by the Tax Agency in its inspection work.” Economist & Jurist. October 2023.
- “Are all military officials career civil servants?: the TSJ of Madrid pronounces on the matter”. Economist & Jurist. October 2023.
- “Unanswered questions about extending the right to free justice to women with disabilities.” Economist & Jurist. October 2023.
- “On the upcoming entry into force of the animal law: a rule without regulatory development.” Economist & Jurist. September 2023.
- “The Administration must urgently establish protocols to avoid legal fraud when applying the Trans Law.” Economist & Jurist. September 2023.
- “Interesting parameters of the Supreme Court to take into account when evaluating opposition exams.” Economist & Jurist. September 2023.
- “Does the amnesty proposed by the Catalan independence movement fit into our legal system?” Confilegal. September 2023.
- “About the judgment of the Supreme Court of July 20 on the stabilization of qualified nationals”. Confilegal. July 2023.
- «The Constitutional Court abolishes the priority use that has been given to the Basque language in the local entities of the Basque Country». Economist & Jurist. July 2023.
- “The new stabilization of interim squanders the principles of equality, merit and ability.” Confilegal. July 2023.
- «Can elections be held in Andalusia in the month of July?». Economist & Jurist. July 2023.
- “Is it necessary to exhaust the prior administrative route when discussing the unconstitutionality of local taxes?” Economist & Jurist. June 2023.
- “Only the law can limit the unstoppable and dangerous artificial intelligence.” Expansion. June 2023.
- “Questions and answers on the appointment of a polling station”. Economist & Jurist. June 2023.
- «Is it possible to raise patrimonial responsibility in the case of the Andújar police officer who died in the act of duty?». Confilegal. June 2023.
- «The protection of personal data, is it applicable to legal persons?». Economist & Jurist. June 2023.
- “Did the President of the Government breach the Constitution by calling the elections in this way?” Confilegal. June 2023.
- «How is the regularity of the electoral process protected and guaranteed by the bodies of the contentious-administrative order?». LegalToday. May 2023.
- “Should public companies with millions in losses that weigh down the public sector be privatized?” Economist & Jurist. May 2023.
- “Is there inviolability of the domicile by entering a private property without authorization from the owner or court order?” Economist & Jurist. May 2023.
- «Ayuso vs. Bolaños: Was the regulation complied with by leaving the minister out of the rostrum of authorities?». Expansion. May 2023.
- “Could the new housing law be declared unconstitutional?”. Economist & Jurist. April 2023.
- «When the Administration is silent and the individual is favored». Economist & Jurist. April 2023.
- «The Trans Law is deficient in its wording, generates legal uncertainty and will cause situations of chaos in the different Public Administrations». Confilegal. April 2023.
- “Sentences of the Supreme Court on the opinion of experts”. Economist & Jurist. April 2023.
- «On the nature and control of pardons: regarding the sentencing of Laura Borràs». Economist & Jurist. April 2023.
- “Regarding the cessation of discretionary appointments”. Economist & Jurist. March 2023.
- “Interims cannot hold freely appointed positions, according to the Supreme Court.” Economist & Jurist. March 2023.
- “Is there patrimonial responsibility for the disqualifying of the Executive to Ferrovial, Mercadona or Inditex?”. Confilegal. March 2023.
- “Does the new Andalusian norm that allows primary care to be arranged with private health contravene current legislation?”. Economist & Jurist. March 2023.
- «Is it possible to open a new disciplinary file on the same object without having concluded the first one, nor having declared its expiration?». Economist & Jurist. March 2023.
- “Goodbye to the prior consultation with the citizens, also in urban matters.” Economist & Jurist. February 2023.
- «Mobile apps: are we aware of the personal data they handle and for what purpose?». Economist & Jurist. February 2023.
- «New setback of the supreme to the valuation of real estate by the Administration for the calculation of taxes». Economist & Jurist. February 2023.
- «New blow to the billing of the professional services of lawyers». Economist & Jurist. February 2023.
- “The new tax on large fortunes could be unconstitutional: legal analysis”. Economist & Jurist. January 2023.
- “It would be contrary to law to apply 155 in the Community of Castilla y León.” Confilegal. January 2023.
- “Can the Administration pursue planned obsolescence?”. Economist & Jurist. January 2023.
- «Will the prohibition of the scale of lawyers’ fees affect free competition?». Expansión. January 2023.
- «Main challenges of the contentious-administrative jurisdiction in 2023». Economist & Jurist. January 2023.
- “The Supreme Court will rule on the validity of the evidence obtained by the Treasury with inviolability of domicile.” Economist & Jurist. January 2023.
- «Democracy wins the pulse of the Executive, after the last plenary session of the Constitutional». Economist & Jurist. December 2022.
- “Unprecedented institutional conflict”. Expansion. December 2022.
- «One year later: the claim of patrimonial responsibility to the State for the volcano of La Palma». Economist & Jurist. November 2022.
- «Can victims request compensation from the State for the ‘Ley del sí es sí’?». Expansion. November 2022.
- «The new internal promotion of the State supposes an unprecedented degradation of the public function». Confilegal. November 2022.
- «The suppression of the crime of sedition proposed by the Government would incur unconstitutionality, misuse of power and fraud of law». Confilegal. November 2022.
- «Selective processes: the Supreme Court clarifies when it is possible to challenge calls indirectly and how to assess the experience». Economist & Jurist. November 2022.
- “Is it necessary to issue a sanctioning resolution when the fine is paid in advance with the 20% reduction? Economist & Jurist. November 2022.
- “Voluntary leave of absence for private interests does not apply to interim civil servants”. Economist & Jurist. November 2022.
- “Can the municipal budget be appealed in reconsideration or is it necessary to go directly to the courts? Economist & Jurist. October 2022.
- “TS reminds us: the absence of a sustainability report in urban planning causes full nullity”. Economist & Jurist. October 2022.
- “Can appeals be lodged in the Administrative Litigation courts against the political content of the plenary session of a City Council? Economist & Jurist. October 2022.
- “When 3 cms of height excludes you from a process to join the National Police”. Economist & Jurist. September 2022.
- “Administrative notifications to legal entities: when the Administration does not comply, but the person is sanctioned”. Economist & Jurist. September 2022.
- “Sick leave is not possible when the civil servant has been suspended from his duties, according to the Supreme Court”. Economist & Jurist. September 2022.
- “Does it end freedom of expression if the national police have to ask for permission to appear in the press? Expansión. July 2022.
- “A van as an inviolable domicile?”. Economist & Jurist. July 2022.
- “The CJEU makes it clear that the situation of an interim can be equated with that of a civil servant with a post if they perform similar functions”. Economist & Jurist. July 2022.
- “On the inviolability of the king: a question of state in the spotlight”. Economist & Jurist. June 2022.
- “Catalan decree law 6/2022 on Castilian: how to avoid complying with court rulings”. Economist & Jurist. June 2022.
- “Macarena Olona’s deregistration from the Salobreña municipal register would not affect her candidacy”. Economist & Jurist. June 2022.
- “New setback for the Administration over expert reports”. Economist & Jurist. April 2022.
- “Ages in administrative law”. Economist & Jurist. March 2022.
- “Price revision in public works contracts: Royal Decree-Law 3/2022.” LegalToday. March 2022.
- “What would have happened to the Madrid Assembly if Isabel Díaz Ayuso had been expelled from the PP?”. Expansión. February 2022.
- “Is there any liability for the demolition of the “Isla Valdecañas” complex?”. Economist & Jurist. February 2022.
- “Can the State be held financially liable after the CJEU ruling on the 720 tax form? Expansión. January 2022.
- “Regional differences also in the electronic judicial system”. Economist & Jurist. January 2022.
- “Is there any liability for the massive closures of businesses due to COVID-19? Confilegal. January 2022.
- “La inconstitucionalidad de la plusvalía: un auténtico brindis al sol”. Expansión. November 2021.
- “Full stop or full stop to the reduction of precariousness in public employment? Economist & Jurist. 2021.
- “On the reform of the Public Security Law: impunity prevails over authority”. Economist & Jurist. November 2021.
- “The “toll” on motorways that the government is preparing could be unconstitutional”. Economist & Jurist. November 2021.
- “Obstacles in the field of public administration that call for legislative transformations”. LegalToday. October 2021.
- “Is it possible to claim liability for the volcanic disaster on La Palma? Economist & Jurist. September 2021.
- “Las boutiques legales llegan para quedarse”. CincoDías (El País). September 2021.
- “El maremágnum de la subida de la luz: claves y soluciones”. Expansión. September 2021.
- “Historic record in the rise in electricity prices: key points”. Economist & Jurist. September 2021.
- “El anteproyecto de Ley de Seguridad Nacional, ¿ ¿se ajusta a Derecho y a nuestra Constitución? LegalToday. September 2021.
- “What is the course of the appeals lodged against the pardons of the Procès? Economist & Jurist. July 2021.
- “Can the appeals lodged against the pardons of the Procés prosper? Expansión. June 2021.
- “Can the private sector acquire and administer the vaccine against Covid? Expansión. May 2021.
- “Can the public administration use artificial intelligence and big data? Expansión. March 2021.
- Coordinator of the “Manual on small contracts”. Aranzadi. February 2021.
- “The State could incur in patrimonial liability for the delay in vaccination”. LegalToday. January 2021.
- “Can the COVID – 19 vaccine be compulsory in Spain? Expansión. December 2020.
- “A propósito de la reciente sentencia del Tribunal Supremo sobre la entrada y registro domiciliario por parte de Hacienda”. General Council of Spanish Lawyers. November 2020.
- “Legal certainty and unlawful urban planning: the difficulty of enforcing the ruling”. Co-authored with Mr José Enrique Candela Talavero (Secretary of Local Administration) and Ms Rocío Molina Pelegrina (Lawyer at PwC). Aranzadi Doctrinal Journal. April 2020.
- “Is the current state of alarm unconstitutional? Expansión. April 2020.
- “La necesidad de implantar la administración electrónica es imperiosa”. Confilegal. March 2020.
- “Can a contractor paralyse a work on its own during a state of emergency? Expansión. Co-authored with Mr. Daniel Jiménez, Partner of SLJ. March 2020.
- “Can the state be compensated for damages caused by the coronavirus? Expansión. March 2020.
- “La necesaria motivación de la culpabilidad en el procedimiento sancionador tributario”. Co-authored with Mr Eduardo de la Rosa Cuadrado, State Tax Inspector in the Regional Inspection Unit of Catalonia. Confilegal. September 2018.
- “Partial unconstitutionality of the recent Law on Common Administrative Procedure for Public Administrations”. Coutoria with Mr. José Enrique Candela Talavero, Secretary – Comptroller of the Local Administration. Confilegal. July 2018.
- “Legal vacuum for some, market niche for others: Taxi Vs Cabify or Uber”. Co-authored with Mr. José Vicente Morote Sarrión. National Managing Partner of the Public and Regulatory Law Department of Andersen Tax & Legal. Administrative Law Yearbook 2018. Aranzadi. February 2018.
- “SMEs will have easier access to public procurement”. Co-authored with José Vicente Morote Sarrión. National Managing Partner of the Public and Regulatory Law Department of Andersen Tax & Legal. El Economista, December 2017.
- “La necesidad de motivar suficientemente la denegación de un permiso para asuntos propios a un funcionario público”. Actualidad Administrativa magazine. Wolters Kluwer Group. Editorial La Ley. February 2014.
- “Speciality in the legal profession as a guarantee of professional success”. Blogcanalprofesional. Wolters Kluwer Group. Editorial La Ley. January 2014
- “Sponsorship contract in the public sector: private nature with partial subjection to the TRLCSP”. Blogcanalprofesional. Wolters Kluwer Group. Editorial La Ley. January 2014.
- “Related companies and public tenders: an incompatible binomial? Public Procurement Observatory. August 2013.
- “El doble silencio administrativo a la luz de la Jurisprudencia de nuestros Tribunales de Justicia”. Legal News. May 2013.
- “El silencio administrativo en las licencias urbanísticas: ¿una cuestión de pasado?”. Legal News. January 2013.
- “Economic crisis and public procurement”. Contraatación Administrativa Práctica magazine. Wolters Kluwer Group. Editorial La Ley. November 2012.
- “El recurso especial y otros mecanismos de revisión de la contratación pública española”. Noticias Jurídicas. September 2012.