Appealing government decisions

It is for anyone planning or carrying out a move to Spain. After reading, you will know which appeal route applies, by when, and what to do if the authority never answers.

Start with "An authority decided against you: which appeal route applies?" It helps you choose the right route and respect the deadline. Then go to the page that matches your situation: what silence means, how to answer a fine or sanction notice, how to go to the administrative court, how to complain to the Ombudsman, or how to claim compensation.

Immigration refusals, tax appeals and traffic fines are not covered here.

Key rules

• Fine reductions: Acknowledging liability and paying voluntarily each cut a fine by at least 20%, up to 40% in total, but you must give up your administrative appeal.
• Appeal deadline: Against an express decision you have one month to file an alzada or reposición appeal, and two months to go to the administrative court.
• Silence and court: If the authority stays silent and the silence counts as a refusal, you have six months from when the silence arises to go to the administrative court.
• Allegations period: You have 15 working days from the day after notification to submit your arguments to a sanction notice.
• Compensation claim: You have one year to claim compensation, counted from the damage or from when its effects become clear.
• Check the resolution: The decision letter must say whether it ends the administrative route, which appeals exist and where to file.

Appealing government decisions: the whole process, step by step

From the decision to the court

• Read the decision and note the date you were notified. It should say whether it ends the administrative route and which appeals you have (see: An authority decided against you: which appeal route applies?): As soon as you receive it

• If the decision is a fine or sanction notice, submit your arguments and decide on prompt payment (see: You received a fine or sanction notice: how to respond): Within 15 working days from the day after notification

• If there is no answer at all, ask for a certificate of silence to prove it (see: The authority never answered: is silence a yes or a no?): Any time once the authority's period has passed; the certificate is issued within 15 days of your request reaching its register

• File an alzada appeal, or an optional reposición appeal, against an express decision: Within one month of notification

• Wait for the answer to your appeal. If it is not resolved in time, it counts as rejected: Three months for alzada, one month for reposición

• Go to the administrative court against an express decision (see: Taking a public authority to the administrative court): Within two months from the day after notification

• Go to the administrative court when silence counts as a refusal: Within six months from when the silence arises

• Ask the court to suspend the decision while the case runs: In your claim, or when you file it

• Send a complaint to the Ombudsman or the authority's complaints channel if you want, but keep your appeal dates (see: Complaining to the Ombudsman (Defensor del Pueblo) about an authority): Alongside the appeals; it does not pause any deadline

• Claim compensation for damage caused by a public body (see: Claiming compensation from a Spanish public body (responsabilidad patrimonial)): Within one year of the damage or of when its effects become clear

Documents you may need

• Certificate of silence — The authority never answered: is silence a yes or a no?

Appealing government decisions: questions that cross several articles

Do I have to file reposición before going to court?

No, reposición is optional when a decision already ends the administrative route, so you can go straight to court. If you do file it, you cannot go to court until it is answered or counts as rejected through silence. Read An authority decided against you: which appeal route applies? and Taking a public authority to the administrative court.

How long do I have to appeal if the authority never answers?

If silence counts as a refusal, you have six months from when the silence arises to go to court. An administrative appeal can still be filed later, and the authority may still answer in the meantime. Read The authority never answered: is silence a yes or a no? and An authority decided against you: which appeal route applies?

Which decisions let me go straight to court?

Decisions that end the administrative route, such as the answer to an alzada appeal, allow direct court action. See An authority decided against you: which appeal route applies?.

Does a complaint to the Ombudsman stop my appeal deadlines?

No, a complaint to the Ombudsman does not pause or interrupt any appeal deadline, and the same goes for the authority's own complaints channel. File your appeals on time as well. Read Complaining to the Ombudsman (Defensor del Pueblo) about an authority.