It consists in appealing the firm acts through administrative channels when any of the circumstances foreseen in article 125.1 of Law 39/2015, of October 1, of the Common Administrative Procedure of Public Administrations. It is presented before the same body that dictated them.
Extraordinary appeal for review
Basic regulations: Law 39/2015 of 1 October, on the Common Administrative Procedure of Public Administrations articles 113 to 120 and 125 and 126.
Form of start: Request of interested party with the requirements of article 115 of Law 39/2015, of 1 October, which must be based on one of the following causes:
That in dictating them there would have been an error of fact, resulting from the documents themselves incorporated into the file.
That documents of essential value for the resolution of the matter appear that, although they are later, demonstrate the error of the resolution appealed.
That the decision has essentially been influenced by documents or testimonies declared false by a final judicial decision, prior to or subsequent to that decision.
That the decision has been issued as a result of prevarication, bribery, violence, fraudulent machination or other punishable conduct and has been declared as such by virtue of a final court judgment.
Deadline for interposing it:
- In the case of case 1, within four years from the date of notification of the contested decision.
- In other cases, the time limit will be three months from the date of the knowledge of the documents or from the time the court ruling was signed.
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: 3 months. Once this period has elapsed without an express decision, the appeal may be deemed to have been rejected.
Appeals:
- 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).