An appeal; what is it and how to make one?
If you are trying to avoid a court situation when approaching a public administration matter, the appeal comes in very useful. Let’s take a look at everything we know about it.
As you may know from first hand experience, or through word of mouth; going to court is absolutely inconvenient, to say the least. It always requires an expensive outcome, spent on money, and your energy. That’s why you might be interested in administrative resources in general and the appeal in particular. Let’s explore the latter.
Within Administrative Law – the rules that regulate the performance and organisation of the different branches of Public Administration – you will find administrative resources, which are the legal tools that anyone can resort to when challenging an administrative act that affects them without the need to opt for judicial proceedings. Especially effective due to the nuisance surrounding the judicial route.
So let’s take a look at what one is exactly.
What is an appeal?
Occasions occur when the Public Administration issues a resolution or act of procedure that implies the end of the administrative route. But sometimes the administrative route is still open, in this case, it can be resorted to without the need to go directly to the judicial route.
If you wish to counter the result, you can do so by pulling the administrative resource of an appeal. This is a tool that will allow you to appeal to the superior hierarchical body of the one that will dictate the resolution or act of procedure we are appealing for.
It’s important to know that, if after the stipulated period of time there has been no further resolution, silence will be understood as a dismissal.
How do you make an appeal?
Now you’re informed of what an appeal is, let’s examine how you go about making one. You can follow these four steps below;
- Determine the relevance
You can determine if it is relevant depending on the acts of proceedings or resolutions that you are appealing. You can categorise this in three cases;
- In the event that the acts decide on the merits of the matter under appeal.
- In the event that the procedural acts make it impossible to continue with the procedure.
- In the event that the acts imply irreparable damage to the interest and rights of the person who is involved.
- Contemplate the deadlines
When making an appeal, you have to remember that you must do so within one calendar month as this is the general deadline for completing this type of resource, when faced with an express act. If this is not the case, it may be appealed at any time after the administrative silence is confirmed.
After it has been submitted, the Administration has three months to resolve it. But of course, if this time runs out, and you’ve received no resolution, it will be understood that it has been dismissed completely.
- Meets the requirements
There are only two requirements that are essential for the resources in question. Just to be clear about what the requirements are, let’s explore the two requirements below;
- The appeal must refer to resolutions and procedural acts that have not ended the administrative phase.
- It must be filed within the legally established period.
- End the procedure
If your appeal has been a success, then there’s nothing more to do. But, as mentioned, if you encountered silence this implies that your case has been dismissed.
As well as having the necessary knowledge for your company to work seemingly, and manage any appeals you may encounter, you should also implement an online ERP system.