Lawyer in administrative litigation appeals
Operamos en toda España y tenemos oficinas, a través de diversas colaboraciones, en Madrid, Barcelona, Sevilla y Córdoba. Si bien no contamos con delegaciones en el resto de territorios, podemos atender su asunto con máxima solvencia.
Our team of lawyers specialised in Administrative Litigation (Contencioso-Administrativo) appeals have the maximum experience in this type of challenges.
The contentious-administrative appeal is an ordinary and devolutive appeal against judgments of the contentious-administrative courts and the central contentious-administrative courts.
The contentious-administrative appeal is regulated in articles 81 to 85 of Law 29/1998, of 13 July, regulating Contentious-Administrative Jurisdiction (LJCA).
- Those declaring the appeal inadmissible.
- Those that have been issued in the field of protection of fundamental rights.
- Those settling disputes between public administrations.
- Those concerning indirect challenges to general provisions.
However, judgments handed down in cases where the amount of the proceedings does not exceed 30,000 euros and in judgments relating to proceedings dealing with electoral matters (challenges against acts of the Zone Electoral Boards and those formulated in matters of proclamation of candidacies and candidates carried out by any of the Electoral Boards, under the terms provided for in the electoral legislation) are not subject to appeal.
Substantiation of the appeal
The procedure for this contentious-administrative appeal is established in Article 85 of the LJCA, in which we can highlight the following:
The appeal shall be lodged within fifteen days by means of a reasoned document with the allegations on which the appeal is based and in which a request may be made for the taking of evidence for the practice of that which has been refused or which has not been duly taken at first instance for reasons that are not attributable to them (if it is not lodged within the period indicated, or failing this, the appeal does not meet the requirements for it to proceed, the Legal Secretary for the Administration of Justice shall decree the sentence to be final).
In the event that it is admissible – after examination by the Legal Adviser of the Administration of Justice – it will be admissible in both effects – unless the law establishes an exception – and no appeal will be possible against its admission, and the parties will be given notice to file a written opposition within fifteen days (the lodging of the appeal will not prevent the provisional enforcement of the judgment appealed against unless it is likely to produce irreversible situations or damage that is impossible to repair).
Where the Board considers the evidence requested to be admissible, the parties shall be summoned to attend the hearing. In addition, the parties may, in the pleadings lodging the application and in their opposition to the appeal, request that a hearing be held and that conclusions be drawn, or that the case be declared closed for judgment.
Once the case has been declared closed, the Chamber shall give its judgment within ten days.
Advice from the specialist lawyer
Our lawyers specialised in administrative litigation (Contencioso-Administrativo) appeals have extensive experience in this type of appeals, which usually present a certain technical complexity and where the chances of success are limited. It is vital to focus on those key aspects that allow us to refute the first instance judgement without, therefore, repeating or reproducing the initial claim.