Legal Defense Against the Government

The actions of public administrations directly affect citizens, professionals, businesses, and organizations. Administrative rulings, penalties, licenses, tax proceedings, public contracts, urban planning actions, and property claims are just a few examples of decisions that can have significant legal and economic consequences.

Although the government acts in accordance with the law and is subject to judicial review, not all administrative decisions are correct or fully respect the rights of the parties concerned. When an administrative decision is contrary to law or causes unjustified harm, the legal system provides specific mechanisms for requesting its review.

Administrative litigation is the mechanism designed to ensure judicial oversight of administrative actions and the effective protection of the rights of citizens and businesses.

At IN DIEM, we provide specialized legal advice on litigation against the government, representing clients both in the preliminary administrative phase and in proceedings before administrative courts.

Our work is routinely coordinated with the public administration attorneys when the complexity of the matter requires a comprehensive defense strategy against public agencies.

Administrative proceedings are governed, among other regulations, by the Law 39/2015 on Common Administrative Procedure of Public Administrations.

When to File an Administrative Lawsuit

Administrative litigation allows individuals to ask the courts to review certain administrative actions when prior administrative mechanisms have failed to resolve the dispute satisfactorily.

Not all matters require going directly to court. In many cases, it is necessary to first examine the available administrative remedies and determine the most appropriate strategy.

Prior Administrative Remedies

The law provides for various mechanisms for challenging decisions within the government itself.

These administrative remedies allow individuals to request a review of decisions before resorting to the courts and, in certain cases, can lead to a favorable outcome without the need to initiate litigation.

However, when the government maintains its position or when the regulations permit it, it is possible to bring the matter before the courts to obtain an independent review of the contested action.

Properly assessing deadlines and requirements is essential to avoid missing opportunities to mount a defense.

The appeal strategy must also analyze the actions taken during the administrative proceeding, since many disputes stem from issues that arose during the processing of the case.

Administrative Litigation Proceedings

Contentious-administrative jurisdiction is governed primarily by Law 29/1998 Regulating Contentious-Administrative Jurisdiction.

Filing of an administrative appeal

The procedure begins with the filing of the corresponding administrative appeal with the competent court.

Preparing for this phase requires a detailed analysis of the administrative record, the applicable regulations, and the legal grounds justifying the challenge.

The complaint must precisely identify the violations committed and adequately substantiate the claim being asserted.

Experience shows that thorough preparation of the case from the very beginning significantly increases the chances of success.

Trial and Legal Defense

Once the proceedings have begun, various procedural steps may be taken to establish the facts and support the parties’ claims.

Evidence plays a particularly important role in many administrative proceedings.

Expert reports, technical documentation, administrative records, and other evidence may be decisive in proving the existence of irregularities or damages.

Proper legal representation in this matter allows for the development of a solid strategy tailored to the specific circumstances of each case.