Administrative Law
Legal Advice on Administrative Law
Government agencies constantly intervene in the activities of citizens, professionals, and businesses. Licenses, permits, penalties, grants, zoning procedures, public procurement, financial liability, and administrative appeals are just a few examples of areas in which government action can have a direct impact on the rights and interests of individuals.
The regulatory complexity that characterizes administrative law requires specialized knowledge of the procedures, deadlines, and available legal remedies. A procedural error, a delayed response, or a failure to respond to an administrative notice can significantly affect the outcome of a case.
At IN DIEM, we offer comprehensive legal advice in the field of administrative law, assisting individuals, companies, and organizations in their dealings with public agencies at all levels of government. Our goal is to ensure the effective protection of our clients’ rights and to provide legal solutions tailored to each situation.
Administrative activities are primarily governed by the Law 39/2015 on the Common Administrative Procedure of Public Administrations and by Law 40/2015 on the Legal Framework for the Public Sector.
Relations with Government Agencies
Interaction with public agencies can take many forms and affect a wide variety of areas of personal and business life.
Citizens regularly interact with city councils, autonomous communities, state agencies, and public entities to obtain permits, submit applications, file complaints, or fulfill legal obligations.
Businesses, for their part, maintain particularly close relationships with government agencies in areas such as business licenses, public procurement, grants, inspections, and disciplinary proceedings.
Administrative Acts
Most of the decisions made by the government are formalized through administrative acts.
These acts may recognize rights, impose obligations, deny requests, or establish restrictions that directly affect the parties concerned.
A legal review of these actions makes it possible to verify their compliance with applicable regulations and to assess the available defense options.
Not all administrative decisions are legally sound, so it is essential to analyze each case individually.
Administrative Proceedings and the Defense of Rights
The administrative procedure is the mechanism through which government agencies make their decisions.
Administrative Procedure
The law grants citizens a series of safeguards designed to protect their rights during the processing of any case.
Among other things, interested parties have the right to:
- Access the file.
- Submit comments.
- Present evidence.
- Obtain a reasoned decision.
- Challenge the decisions that have been made.
Respect for these safeguards is essential to ensuring the legality of administrative actions.
Experience shows that early legal intervention can prevent problems and significantly strengthen the interested party’s position during the proceedings.
Licenses and Permits
Many business projects or professional activities require prior licenses and administrative authorizations.
Properly preparing applications, addressing requirements, and managing issues during the processing phase are essential to avoiding delays or rejections.
Furthermore, certain unfavorable decisions may be subject to review through the mechanisms provided for by law.
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The Government’s Financial Liability
One of the fundamental principles of the Spanish legal system is that public authorities must be held liable for damages caused to citizens when the legally established requirements are met.
Property Claims
Liability for financial damages allows a person to seek compensation when an administrative action causes harm that the affected party is not legally obligated to bear.
These types of property claims can arise in a wide variety of contexts:
- Operation of Public Services.
- Healthcare Services.
- Shortcomings in public infrastructure.
- Damages resulting from administrative actions.
- Errors by public agencies.
Proving the damage, the causal relationship, and the other requirements set forth in the regulations necessitate a thorough preparation of the case file.
For this reason, it is advisable to seek expert advice from the very beginning of the claim.
Administrative Remedies and Contentious Jurisdiction
Administrative decisions do not always preclude the affected party from pursuing further remedies.
Administrative appeals
The law provides for various mechanisms to request a review of administrative actions when they are deemed incorrect or contrary to law.
The choice of the appropriate administrative remedy depends on the specific characteristics of the contested decision and the stage of the proceedings at which the case currently stands.
Deadlines are often particularly tight, so it is essential to act quickly.
A sound legal basis for the appeal may be decisive in obtaining a favorable ruling.
Administrative Litigation Proceedings
When administrative channels fail to resolve the dispute satisfactorily, it may be necessary to take the matter to court.
The function of the administrative courts is to oversee the legality of the actions of public administrations and to ensure the effective protection of the rights of citizens and businesses.
Proper preparation of the litigation strategy is essential to maximize the chances of success in this type of proceeding.
Consulting Services for Businesses and Organizations
Companies maintain ongoing relationships with government agencies and frequently face complex administrative procedures.
The most common needs include:
- Obtaining Licenses.
- Participation in public procurement.
- Defense against sanctions.
- Grant Management.
- Administrative remedies.
- Property Claims.
Administrative risk prevention is a particularly valuable tool for protecting business operations and reducing future contingencies.
Proper legal planning makes it possible to anticipate problems and optimize relationships with the relevant government agencies.
How IN DIEM Can Help You
At IN DIEM, we offer specialized legal advice in administrative law for individuals, businesses, organizations, and professionals.
We handle administrative proceedings, appeals, property claims, licenses, permits, public procurement, and litigation against public agencies.
Our work combines technical expertise, practical experience, and a strategic vision focused on effectively defending our clients’ interests.
We analyze each matter on a case-by-case basis, identify risks and opportunities, and design solutions tailored to the specific needs of each case.
When administrative action affects your rights or interests, a prompt and specialized legal response can be crucial to protecting your position and achieving a favorable outcome.
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Frequently Asked Questions International Legal
Answers to frequently asked questions about international legal services, cross-border operations, corporate law, and global legal advisory.
What is Administrative Law?
It is the branch of law that governs the actions of public administrations and their relationships with citizens and businesses.
Can I appeal an administrative decision?
Yes. There are different administrative and judicial appeal mechanisms depending on the decision issued.
What is the government’s financial liability?
It is the right to claim compensation when a government action causes harm that a citizen is not obligated to bear.
What is the deadline for filing an appeal?
Deadlines depend on the specific procedure and are often particularly important for protecting one’s rights.
Can you file a complaint against a city government?
Yes. Local governments are also subject to administrative and judicial oversight.
What happens if the government doesn’t respond?
Administrative silence may have legal consequences that must be analyzed on a case-by-case basis.
Can companies also challenge administrative actions?
Yes. Companies hold numerous rights vis-à-vis public authorities.
What is an administrative appeal?
It is the judicial proceeding designed to review certain administrative actions.
Do I need a lawyer to file an appeal?
Although it is not always required in administrative proceedings, it is generally highly recommended.
When is it a good idea to seek advice?
From the moment an administrative notice is received or a dispute arises with the government.
Do you need advice on an administrative proceeding?
We defend your rights against the government, from processing your case file to filing appeals and representing you in court.
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