Llei 39 15

ley 39/2015, del procedimiento administrativo común de las

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law 39/15

These “ad extra” actions of the Administrations are expressly mentioned in Article 105 of the Constitution, which establishes that the Law shall regulate the hearing of citizens, directly or through the organizations and associations recognized by Law, in the procedure for drafting the administrative provisions that affect them, as well as the procedure through which administrative acts must be produced, guaranteeing, where appropriate, the hearing of the interested parties.

In accordance with the constitutional framework described above, this Law regulates the minimum rights and guarantees that correspond to all citizens with respect to administrative activity, both in the exercise of the power of self-regulation and in the exercise of regulatory power and legislative initiative.

There are several relevant legislative precedents in this matter. The legislator has made the concept of administrative procedure evolve, adapting the form of action of the Administrations to the historical context and the social reality of each moment. Apart from what is known as the

law 39

2. Only by law, when it is effective, proportionate and necessary for the achievement of the purposes of the procedure, and in a reasoned manner, may additional or different formalities to those contemplated in this Law be included. Regulations may establish procedural specialties relating to the competent bodies, time limits specific to the particular procedure by reason of the subject matter, forms of initiation and termination, publication and reports to be obtained.

3. In order to formulate applications, submit responsible declarations or communications, file appeals, withdraw actions and waive rights on behalf of another person, representation must be accredited. For acts and formalities of mere formality, such representation shall be presumed.

5. The competent body for the processing of the procedure must include in the administrative file proof of the status of the representative and of the powers of attorney recognized at that time. The electronic document that accredits the result of the consultation of the corresponding electronic registry of powers of attorney shall have the status of accreditation for these purposes.

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2. Only by law, when it is effective, proportionate and necessary for the achievement of the purposes of the procedure, and in a reasoned manner, may additional or different formalities to those contemplated in this Law be included. Regulations may establish procedural specialties relating to the competent bodies, time periods specific to the particular procedure by reason of the subject matter, forms of initiation and termination, publication and reports to be obtained.

3. In order to formulate applications, submit responsible declarations or communications, file appeals, withdraw actions and waive rights on behalf of another person, representation must be accredited. For acts and formalities of mere formality, such representation shall be presumed.

5. The competent body for the processing of the procedure must include in the administrative file proof of the status of the representative and of the powers of attorney recognized at that time. The electronic document that accredits the result of the consultation of the corresponding electronic registry of powers of attorney shall have the status of accreditation for these purposes.

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