It consists in seeking compensation for any injury suffered by individuals in their property and rights, except in cases of force majeure, provided that the injury is a result of the normal or abnormal functioning of public services and that the damage is effective, economically assessable and individualized in relation to a person or group of persons and that they do not have the legal duty to bear it in accordance with the Law.
Claim of patrimonial responsibility
Basic regulations:
- Spanish Constitution, Article 106.
- Law 39/2015 of 1 October, on the Common Administrative Procedure of Public Administrations, Articles 67, 81, 91 and 92
- Ley 40/2015, de 1 de octubre, de Régimen Jurídico del Sector Público, articles 32 to 35.
Form of start: Ex officio or by claim of the interested parties, with the requirements of article 67 of Law 39/2015 of 1 October.
Time limit for interposing it: One year from the date of occurrence of the act or act giving rise to compensation, or from the date of the manifestation of its harmful effect.
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 Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations.
Documents to contribute: All those that you deem convenient for the defense of your argumentation.
Deadline for resolution: Six months. Once this period has elapsed without a resolution, the request for compensation may be deemed rejected.
Appeals:
- Reinstatement potestative resource
- Contentious-administrative appeal to the corresponding judicial body within two months (Article 46 of the Law 29/1998, of July 13, regulating the Contentious-Administrative Jurisdiction).
