| Judicial Review |
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Judicial review proceedings may be filed against: - Provisions of a general nature and acts of public authorities that are express or presumed (administrative silence) where they bring the administrative procedure to an end. - A lack of activity on the part of the authority. - Decisions made on the basis of provisions that are alleged not to conform to the law, that is to say provisions that are not legal. If the proceedings are brought before a court consisting of more than one judge (the Judicial Review Chambers of the High Courts of Justice, the National Appeal Court and the Supreme Court), the parties have to act through a court legal representative [procurador] and a lawyer. - The period for filing judicial review proceedings is two months starting from the notification of the decision being challenged or the notification of the act putting an end to the administrative process, provided that the act is an express one. - In the case of presumed acts, the deadline for filing the proceedings is six months. In Spain the judicial review jurisdiction is made up of the following courts: - Judicial Review Courts [Juzgados de lo Contencioso-Administrativo]. - Central Judicial Review Courts [Juzgados Centrales de lo Contencioso-Administrativo]. - Judicial Review Chambers [Salas de lo Contencioso-Administrativo] of the High Courts of Justice [Tribunales Superiores de Justicia]. - Judicial Review Chamber of the National Appeal Court [Audiencia Nacional]. - Judicial Review Chamber of the Supreme Court [Tribunal Supremo]. |
If you find it necessary to take legal action against a public authority (that is to say a municipal authority, a regional authority, a ministry etc.), you have to do so through a type of court known as a judicial review court, using the judicial review process [recurso contencioso-administrativo].
