Lawyers in Administrative Litigation (Contencioso-Administrativo) appeals
We have a team of lawyers who are experts in Administrative Litigation (Contencioso-Administrativo) Appeals and are perfectly familiar with the technique of this type of appeal.
The appeal in cassation is an extraordinary, devolutive and suspensive appeal that has a restricted scope of the jurisdictional powers of review, which is why it is an appeal that is formulated for a series of specific reasons and whose purpose is the annulment of a judicial sentence due to the incorrect application or interpretation of the law, or because the legal requirements of the procedure have not been observed.
The appeal in cassation is regulated within the administrative litigation sphere in Articles 86 to 93 of Law 29/1998, of 13 July, regulating Administrative Litigation (Contencioso-Administrativo) Jurisdiction (LJCA).
The ordinary appeal in cassation, its lodging, substantiation and resolution will be carried out by the Third Chamber of the Administrative Litigation (Contencioso-Administrativo) Division of the Supreme Court.
In the case of regional cassation, the filing, substantiation and decision will be carried out by a special Section of the Chamber for Administrative Litigation (Contencioso-Administrativo) Disputes of the High Courts of Justice where it has its seat.
Our Lawyers in Administrative Litigation (Contencioso-Administrativo) Appeals, bring these appeals against the sentences handed down:
- In sole instance by the Contentious-Administrative Courts.
- In sole instance or on appeal, by the Contentious-Administrative Chamber of the Audiencia Nacional and by the Contentious-Administrative Chambers of the High Courts of Justice.
In the case of judgments handed down in sole instance by the Contentious-Administrative Courts, only those judgments that contain doctrine that is considered seriously harmful to the general interest and are susceptible to extension of effects will be subject to appeal (with the exception of judgments handed down in proceedings for the protection of the fundamental right of assembly and in contentious-electoral proceedings).
Likewise, judgments which, being subject to cassation, have been handed down by the Contentious-Administrative Chambers of the High Courts of Justice may only be appealed before the Contentious-Administrative Chamber of the Supreme Court if the appeal is based on an infringement of State or European Union law which is relevant and decisive for the contested judgment (provided that they have been duly invoked in the proceedings or considered by the sentencing Chamber).
Decisions of the Court of Auditors in matters of accounting liability shall be subject to appeal in the cases laid down in its Law on the Functioning of the Court of Auditors.
On the other hand, appeals in cassation may also be lodged against orders issued by the Administrative Chamber of the Audiencia Nacional and by the Administrative Chambers of the High Courts of Justice after an appeal in cassation has been lodged:
- The contentious-administrative action is dismissed as inadmissible or it is impossible to continue with it.
- The separate suspension or other interim measures are terminated.
- Orders are issued in execution of a judgment, provided that they resolve questions not decided, directly or indirectly, in the judgment or that contradict the terms of the judgment being enforced.
- are given in the context of the provisional enforcement of the judgment.
- Are issued in application of the application for the extension of the effects of a final judgment in tax matters, staff in the service of the public administration and market unity.
It should be noted that, in order for our Lawyers in Contentious-Administrative Appeals to be able to prepare the same, by regulatory mandate, they must establish that the infringement of the legal system is of objective interest for the formation of jurisprudence.
Some of the cases in which we can note the appealability of the decision being challenged include:
- When, in the face of substantially the same issues, an interpretation contradicting that established by other courts is fixed.
- When a doctrine that may be seriously harmful to the general interest is established.
- When it decides on a case in which a general provision is directly or indirectly challenged.
- Where it interprets and applies European Union law in apparent contradiction with the case law of the Court of Justice.
In turn, the interest of the court may be presumed when:
- Rules on which the reason for the decision is based and on which there is no case law have been applied.
- deliberately depart from existing case law as erroneous.
- A general provision is declared null and void, unless it is manifestly lacking in sufficient significance.
- Appeals are resolved against acts or provisions of regulatory or supervisory bodies or state agencies, the prosecution of which corresponds to the Administrative Chamber of the Audiencia Nacional.
- Resolving appeals against acts or provisions of the Governments or Councils of Government of the Autonomous Communities.
Grounds for inadmissibility
- Absence of the regulated requirements of time limit, standing or appealability of the decision.
- Failure to comply with the requirements of the preparation brief.
- Lack of relevance and determination of the finding of the alleged infringements.
- Lack of objective interest in the case.
Our lawyers in Contentious-Administrative Appeals prepare the appeal before the Chamber that issued the appealed decision. Once the appeal has been admitted, the Lawyer for the Administration of Justice will issue an order and will send the proceedings to the competent Section of the Contentious Chamber of the Supreme Court for processing and decision, granting the appellant a period of thirty days from the notification of the order to file the appeal (once this period has elapsed without filing the appeal, the appeal will be declared void).
Once the writ has been lodged within the time-limit, it shall be served on the opposing party so that he may lodge an objection within a period of thirty days. Consequently, it shall be agreed that the hearing shall be held, or that the appeal shall be deemed to be closed, pending the vote and judgment.
Within ten days of the deliberation for the vote and judgment, a judgment shall be given, which shall specify the interpretation of the rules which in the order of admission to the proceedings were deemed to require interpretation, resolving the issues raised in the proceedings.
The judgment may be pronounced:
- Confirm the judgment or order.
- Set aside the judgment or order – either in whole or in part.