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Appeals and claims


Ordinary appeal (Recurso de alzada)

General information

General information
Ministry:Ministry of Culture.
Type of procedure:Review of acts.
Procedure:Ordinary appeal (Recurso de alzada)
Object:To review decisions which do not bring the administrative procedure and the processing procedures to a conclusion, if the latter directly or indirectly decide the merits of the case, prevent the conclusion of the procedure, lead to defencelessness or irreparable damage to legitimate rights and interests. This appeal can be based on any of the reasons for voiding or cancellation in articles 62 and 63 of Law 30/1992.
Legislation:Law 30/1992 of 26 November of the Legal Regime of Public Administrations and Common Administrative Procedures amended by Law 4/1999 of 13 January, articles 107 to 115.
Initiation method:At the request of the interested party, in accordance with article 110 of Law 30/1992 and through the virtual office - Online Register - of the Ministry of Culture (www.mcu.es/registro), if you have a fully valid electronic signature certificate.
Period for lodging appeal:One month from the day following the notification or publication of the contested act, or three months from the day after the administrative silence comes into effect, in accordance with its specific legislation.
Ruling body for the procedure:The body hierarchically superior to the one which ruled on the contested act.
Maximum time period for making a decision and notification:Three months.
If a decision is not reached within the time period:Dismissal of case unless a legal with the scope of an Act or a European Union Law provides to the contrary.
Legislation governing administrative silence:Law 30/1992 of 26 November of the Legal Regime of Public Administrations and the Common Administrative Procedure (Spanish Official State Gazette number 285, 27 November 1992), amended by Law 4/1999 of 13 January (Spanish Official State Gazette number 12, 14 January 1999).
End of the procedure:The resolution of the procedure brings the administrative channel to a conclusion.

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