COMMON ADMINISTRATIVE PROCEDURE LAW. BASIC SCHEME.

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The structure of Law 39/2015 of October 1 (PAC) is divided into:
1. STRUCTURE .
• 133 ARTICLES DISTRIBUTED IN 7 TITLES
• 6 ADDITIONAL PROVISIONS. (Mod. 2019, before 5)
• 5 TRANSITIONAL PROVISIONS
• 1 REPEALING PROVISION
• 7 LEGAL PROVISIONS.

1.1. ITS FORMAL STRUCTURE DIVIDED INTO 7 TITLES IS AS FOLLOWS:

• PRELIMINARY TITLE: GENERAL PROVISIONS.
• TITLE I: INTERESTED IN THE PROCEDURE.
o CHAPTER I: capacity to act / interested concept
o CHAPTER II: Identification/signature of interested parties procedure.
• TITLE II: ADMINISTRATIVE ACTIVITY
o CHAPTER I: General rules of action
o CHAPTER II: Terms and deadlines.
• TITLES III: ADMINISTRATIVE ACTS
o CHAPTER I: Act requirements
o CHAPTER II: Effectiveness of acts.
o CHAPTER III: Nullity and voidability.
• TITLE IV: PROVISIONS ON PAC.
o CHAPTER I: PDDTO Guarantees
o CHAPTER II: PCDTO Initiation
o CHAPTER III: PCDTO Ordination.
o CHAPTER IV: Pcto Instruction
o CHAPTER V: Completion of PCDTO
o CHAPTER VI: Simplified pac processing
o CHAPTER VII: Execution
• TITLE V: REVIEW OF ACTS IN THE ADMINISTRATIVE WAY.
o CHAPTER I: Official review.
o CHAPTER II: Administrative resources.

• TITLE VI: LEGISLATIVE INITIATIVE AND POWER TO ISSUE REGULATIONS /

OTHER PROVISIONS.
- PRELIMINARY TITLE

• Addresses the objective and subjective scope of the Law.

• INCLUDES in the law the provisions of the legislative initiative and regulatory power
of the Administrations
• All Public Sector subjects subject to this Law.
• Additional/different procedures to this rule may only be carried out if another Law
establishes it.

‒ TITLE I. OF THOSE INTERESTED IN THE PROCEDURE

• CAPACITY TO ACT: extends it to

or affected,
or unions and entities without legal personality
or independent or autonomous assets

• New means of accrediting representation in the AAPP field:

or “apud acta” in person/electronic proxy;
or accreditation, registration reg. Electronic Public Administration or
competent body.

• Obligation with administration of electronic registration of powers. If you do not

have it, adhere to that of the State (ppio efficiency)
• Separates electronic signature identification and regulates simplification of means
to accredit them.
o Identification: identifies
o Signature: prove will and interested consent.

• The following will be accepted as signature systems:

o Electronic certificate legal entity/entity without legal personality.
o Recognized or qualified electronic seal and advanced electronic seal systems
based on qualified electronic seal certificates.
o Others that establish the Admones .

‒ TITLE II. OF THE ACTIVITY OF PUBLIC ADMINISTRATIONS.

It consists of two chapters:

• CHAPTER I. General rules of action.

o New, subjects required to relate electronically with Admón.
or the obligation of all Admones: general electronic registration , adhere.
 V These records will be assisted by a network of offices in matters of records,
which will be called the assistance office in matters of records: the
interested party presents paper documents and the official digitizes them.
Each Administration is obliged to maintain a single electronic file of the
documents corresponding to finalized data , as well as its conservation
guaranteed authenticity, integrity and conservation.
V It also regulates the validity and effectiveness of copies. Interested parties
may present copies of documents, in paper or digitalized form.
V Admón will not require documents already provided by users, nor prepared
by the Admón or originals except in legal exceptions.
V the obligation of Public Administrations to register or other equivalent
systems to certify officials authorized to make authentic copies , may
also include officials dedicated to assisting interested parties in the use of
electronic media, not preventing the same official/both functions or only one
of them.

• CHAPTER II: TERMS AND DEADLINES.

o Noteworthy is the introduction of the calculation of deadlines by hours and the
declaration of Saturdays as non-working days , unifying the calculation of
deadlines in the judicial and administrative spheres.

‒ TITLE III: ADMINISTRATIVE ACTS.

It is structured in three chapters

Requirements of administrative acts, their effectiveness and the rules on nullity and
voidability, maintaining for the most part the general rules established by Law 30/1992 of
November 26.

Highlight news: electronic notifications will be preferred

Increases legal certainty: making notifications available such as: sending notification notices to
electronic devices and/or email access to your notifications through the Administration's General
Electronic Access Point.

TITLE IV. OF THE PROVISIONS ON THE COMMON ADMINISTRATIVE

PROCEDURE
It is structured in 7 chapters

It incorporates the widespread and mandatory use of electronic media into the initiation,
organization, instruction and completion phases of the procedure. Administrative file
regulation is incorporated by establishing electronic format of documents that must integrate it.
As a novelty, the simplified processing of the common administrative procedure, where the
objective scope of application, the maximum resolution period, which will be 30 days, and the
procedures, are established.

‒ TITLE V. OF THE REVIEW OF ACTS IN THE ADMINISTRATIVE WAY.

They maintain the same means provided for in Law 30/1992, of November 26, therefore
maintaining the ex officio review and the typology of administrative resources existing to date
(appeal, power of replacement and extraordinary review). However, it is worth highlighting as a
novelty the possibility that when an Administration must resolve a plurality of
administrative appeals that arise from the same administrative act and a judicial appeal
has been filed against an administrative resolution or against the corresponding alleged
dismissal act, the administrative body may agree to suspend the deadline for resolution
until a judicial ruling is issued.

The Law no longer contemplates the claims provided for in civil and labor proceedings,
due to their limited practical usefulness, they are suppressed.

‒ TITLE VI. OF THE LEGISLATIVE INITIATIVE AND THE POWER TO MAKE

REGULATIONS AND OTHER PROVISIONS.

It includes principles to which it conforms, makes constitutional rights effective in this M

Improve current regulation on hierarchy publicity of standards and good regulation policies, new
developments increase citizen participation procedure for developing standards, collect,
previously developed standards, opinion of citizens and companies.

Improves ex ante regulatory planning: Admones disclose a plan that includes rules, regulations,
etc. that are going to be raised. Strengthens ex post evaluation, they will periodically evaluate
current standards: do they meet objectives? justified costs?

2. PURPOSE AND SCOPE OF APPLICATION

2.1. OBJECT.
Law 39/2015 aims to:

• Regulate the validity and effectiveness requirements of administrative acts

• The administrative procedure common to all Public Administrations, including the
sanctioning procedure and the procedure for claiming responsibility of the Public
Administrations

• As well as the principles to which the exercise of legislative initiative and regulatory
power must be adjusted.
Only by law, when it is effective, proportionate and necessary to achieve the purposes of the
procedure and in a motivated manner, additional or different procedures than those
contemplated in this Law may be included.
Regulations may establish specialties of the procedure referring to the competent bodies,
deadlines specific to the specific procedure due to the matter, forms of initiation and
termination, publication and reports to be collected.

2.2. AMBIT
This Law applies to the public sector that includes:

a) General State Administration

b) CCAA Admonies
c) Local Administration Entities
d) The institutional Public Sector that is made up of
1. Public Bodies and linked/dependent public law entities Public Administrations.
2. Private law entities linked/dependent Public Administrations subject to the
provisions of this Law and when they exercise administrative powers
3. Public Universities are governed by their specific and supplementary regulations by
provisions of this Law.

Public Administrations are considered to be the General State Administration, CCAA

Administrations, Local Administration Entities, and public organizations and public law
entities provided for in letter a) previous section.
Public Law Corporations: specific regulations for the exercise of public functions that have
been attributed to them by law or delegated by an administration. Published and supplemented
by this Law.
3. GENERAL PRINCIPLES OF PUBLIC ADMINISTRATIONS. COLLECTED IN THE
SPANISH CONSTITUTION.

• 103 CE: Public Administration objectively serves general interests and acts
according to principles EFFICACY, HIERARCHY, DECENTRALIZATION,
DECONCENTRATION, COORDINATION, AND full SUBJECTION to
Law/Right.
o EFFECTIVENESS ability to achieve the intended result. Objectivity, submission
to Law/Right
o HIERARCHY staggered arrangement. Higher organs direct/control lower ones.
o DECENTRALIZATION transfer of ownership of powers to public entities, each
with its own legal personality. They are requirements for the transfer of powers,
between entities and non-organs. They may be:
V Territorial
V Functional or institutional
 o DECONCENTRATION transfer of competence from a higher body to a lower
one. Requires transfer of ownership of powers between the same entity.
o COORDINATION
Public Administrations act and relate to the principle of institutional loyalty. So,

• I respect the exercise of other admonies' competencies.

• Weigh public interests involved (including other Admones)
• Give information about your activity to other administrators.
• Cooperate and actively assist with requests from other Admones.
Orders different actions of entities that make up the Admón to achieve the same ends. They have
a coordinating function:

• Same Admon
• President of the Government and other members of the Government.
• Delegated commissions: ministries interested in this matter.
• State/CCAA
• Government Delegates
• Basic legislation of the State.
• State and CCAA/Local entities: state and regional laws.

4. COLLECTED IN LAW 40/2015 OF OCTOBER 1.

The Public Administrations serve general interests and act in accordance with the principles of
effectiveness, hierarchy, decentralization, deconcentration and coordination, with full submission
to the Constitution, the Law and the Law.
They will respect the following rules

a) Effective service
b) Simplicity, clarity and proximity
c) Participation, objectivity and transparency administrative acts
d) Rationalization and agility of procedures and management.
e) Good faith, legitimate trust and institutional loyalty
f) Public management responsibilities.
g) Planning/direction by objectives and management control/evaluation of the results of
public policies.
h) Efficiency in meeting objectives.
i) Economy, sufficiency and adaptation to institutional purposes
j) Efficiency in allocation and use of public resources.
k) Cooperation, collaboration and coordination between Public Administrations.
The Admones will relate to each other and to their bodies, etc., through electronic means
that ensure interoperability and system security, guaranteeing protection of personal data and
will facilitate joint provision of services to interested parties.
Each of the Public Administrations acts to fulfill its purposes with a single legal personality.