ADMINISTRATIVE POTESTATIVE APPEAL OF REPLACEMENT (Recurso Potestativo de Reposición)

This Appeal in the Administrative Order is regulated in LAW 39/2015, OF OCTOBER 1st, ON THE COMMON ADMINISTRATIVE PROCEDURE OF PUBLIC ADMINISTRATIONS in the following articles:

Article 123. Object and nature

1. The administrative acts that put an end to the administrative route may be appealed optionally in replacement before the same body that had issued them or be challenged directly before the contentious-administrative jurisdictional order.

2. No contentious-administrative appeal may be filed until it is expressly resolved or the presumed rejection of the appeal for reconsideration has occurred.

Article 124. Deadlines

1. The term for filing the appeal for reconsideration will be one month, if the act is express. After said period, only contentious-administrative appeal may be filed, without prejudice, where appropriate, to the origin of the extraordinary appeal for review. If the act is not express, the applicant and other possible interested parties may file an appeal for reversal at any time from the day following the day on which, in accordance with its specific regulations, the alleged act occurs.

2. The maximum term to dictate and notify the resolution of the appeal will be one month.

3. Against the resolution of an appeal for reconsideration, said appeal may not be filed again.