It allows citizens to request the public authorities to take action on matters within their competence, provided that the legal system has not provided for another specific procedure.
Right of petition
Basic regulations:
- Spanish Constitution, Article 29.
- Organic Law 4/2001, of November 12, regulating the right of petition.
Form of start: Application, with the requirements established by Organic Law 4/2001, of November 12.
Form of presentation:
- It can be done telematically through the Electronic Registry of the General State Administration
- If you wish to present it in person, you can download the following form and present it at the registration offices of this Ministry or by any of the means provided in article 16.4 of the Constitution. Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations.
Documents to contribute: All that the petitioner deems appropriate.
Processing of petitions: The administration, public institution or authority receiving a request shall acknowledge receipt of the request to the person concerned. When it is deemed incompetent to hear the petition, it shall refer the proceedings to the body it considers competent, if both belong to the same institution, administration or body.
Inadmissibility of petitions:: Petitions whose purpose is outside the powers of the public authorities, institutions or bodies to which they are addressed or for which there is a procedure other than that established in Organic Law 4/2001 of 12 November 2001 shall not be admissible.
Declaration of inadmissibility: The reasons shall always be given and the petitioner shall be notified within 45 working days of the filing of the petition.
Reply to requests: The competent authority or body shall be obliged to reply and notify the reply within a maximum period of three months. Silence will have a disappointing effect (art. 24.1 of Law 39/2015, of 1 October).
Appeals: Without prejudice to any other actions that the petitioner deems appropriate, an administrative appeal may be lodged through the procedure of jurisdictional protection of the fundamental rights of the person (art. 12 of Law 4/2001, of November 12) against the following actions:.
The declaration of inadmissibility of the petition.
The omission of the obligation to respond within the established time limit.
The absence in the reply of the minimum requirements established in article 11 of Organic Law 4/2001.
