Who resolves contentious-administrative appeals?

Article by: Mara Gallego | Last update: April 10, 2022
Score: 5/5
(14 ratings)

If a judgment from a Court is appealed, the Contentious-Administrative Chamber of the Superior Court of Justice decides, while, if the sentence was issued by a Central Court, then the Contentious-Administrative Chamber of the National High Court will decide.

What body decides the appeal?

The appeal will be filed before the same Court that issued the appealed order (or sentence), but the hierarchically superior Court will be competent to hear and decide; The aforementioned appeal must be submitted with the signature of the lawyer of the party interested in appealing.

Who will hear the appeal filed against the sentence issued by the Contentious-Administrative Court of Seville?

Return appeal

10.2, LJCA) and when it comes to appeal against judgments and orders of the Central Contentious-Administrative Courts, its knowledge will correspond to the Contentious-Administrative Chambers of the National High Court (art. 11.2, LJCA).

Who is entitled to file an appeal?

In accordance with the provisions of art. 846 bis B), with regard to the legal standing to file the appeal, is held by both the Public Prosecutor and the convicted person and the other parties. The term for its filing will be ten days from the last notification of the sentence. .

Who files a contentious-administrative appeal?

The Public Prosecutor’s Office, the Administration of the autonomous community and the State Administration are also entities before which the contentious-administrative appeal can be filed.

20 related questions found

When is the contentious-administrative appeal filed?

Normally, the term to file a contentious-administrative appeal is two months, computed from the day following the publication of the contested provision or the notification or publication of the act that puts an end to the administrative procedure, if express.

How is the contentious-administrative appeal initiated?

The contentious-administrative appeal will be initiated by a document reduced to citing the provision, act, inactivity or constitutive action of the fact that is challenged and to request that the appeal be considered filed, except when the law itself provides otherwise (art. 45.1 of the LJCA).

How is an appeal made?

How to write an effective appeal

Keep emotions out.Stick to the facts.Do a point-by-point rebuttal.Take time to re-explain key points.Above all, be respectful.

What body is competent to decide on the admission of a cassation appeal?

Competent body to hear the appeal in the civil order. The First Chamber of the Supreme Court and the Civil and Criminal Chambers of the Superior Courts of Justice are responsible for hearing appeals in civil matters.

What body will hear the appeal against judgments of the contentious courts?

For its part, the contentious-administrative Chamber of the National High Court knows as an appeal body for appeals against the judgments of the Central Contentious-Administrative Courts (art. 11 LJCA).

What remedies are available against the ruling of a contentious-administrative court?

81.1 a) and 81.2 a) LJCA results that the Judgments of a Contentious-Administrative Court are subject to appeal, even if the amount does not exceed €18,030.36, provided that they declare the inadmissibility of the contentious-administrative appeal, either that is the reason in which said is founded…

What is the appeal in administrative law?

The appeal, unlike the reconsideration, is an appeal that you can file so that it is resolved by the hierarchical superior body of the one that issued the sanction.

Who resolves the extraordinary appeal for procedural infraction?

ª of the LEC, the competence to hear the extraordinary appeal for procedural infraction corresponds to the First Chamber of the Supreme Court, except in the event that it is filed jointly with the appeal and the competence in the latter case corresponds to the Superior Court of Justice.

How long does it take to resolve an appeal?

Appeals that do not involve the courts must be filed within 21 calendar days after the date of the determination or the decision was mailed. Your appeal will be considered timely if it is received within 21 days of the appeal period.

How is an appeal resolved?

The main characteristic of the appeal is that it is resolved by the hierarchical superior of the person who issued the act that is being challenged. Therefore, this appeal can only be filed against resolutions that do not exhaust the administrative route.

Where to file an appeal?

The cassation appeal will be filed before the court that has issued the resolution that is challenged within a period of twenty days counted from the day following the notification of the former.

Where is the appeal filed?

Cassation appeals are carried out in civil matters in the Civil and Criminal Chambers of the Superior Courts of Justice and in the First Chamber of the Supreme Court, as collected and established in Article 478 of the LEC.

When does the appeal proceed?

The appeal proceeds against judgments of first instance except those issued in equity, and against certain types of orders under article 321 of the general code of the process.

What is appeal examples?

An appeal is a formal request that a higher court review the decisions or actions of a lower court. A defendant found guilty in a lower court usually files an appeal.

What is the contentious-administrative process like?

The contentious-administrative action provided for in Article 148 of the Political Constitution has the purpose of legal control by the Judicial Power of the actions of the public administration subject to administrative law and the effective protection of the rights and interests of the administered.

What phases does a contentious-administrative procedure have?

It consists of the following phases: 1) filing of the appeal; 2) after its admission by the competent jurisdictional body, claim to the administration of the corresponding administrative file; 3) formalization of contentious demand with indication of the controversial facts on which the …

Where is the contentious-administrative appeal regulated?

Law 29/1998, of July 13, regulating the Contentious-administrative Jurisdiction.

What court is competent to hear the extraordinary appeal for procedural infraction?

ª The Civil Chamber of the Supreme Court will be competent to hear the extraordinary appeal for procedural infraction, but in cases in which the jurisdiction for the appeal corresponds to the Civil and Criminal Chambers of the Superior Courts of Justice, the Appealed resolutions may also…

Who resolves the appeal for review?

The appeal for review is an appeal of a return nature, since the person who resolves it is a body other than the one that has issued the appealed decision, specifically it is the court in which the secretary renders his services, since the resolutions that can be appealed in review are only secretary’s decisions…

What is an extraordinary resource for procedural infraction?

The extraordinary appeal for procedural infraction is an extraordinary and returnable challenge, which is filed against final resolutions of the provincial courts, to denounce the infraction of a procedural norm or the violation of the fundamental rights contained in art. 24 of the EC.

Stay tuned to Techlyfire for more games related guides.

Leave a Comment