Taking a public authority to the administrative court

Terms used

• Contencioso-administrativo — The contencioso-administrativo is the court route for challenging decisions of public authorities.
• Procurador — A procurador is the professional who formally represents you before the court, alongside your lawyer.
• Alzada — An alzada is an appeal to the higher authority above the one that decided.
• Reposición — A reposición is an appeal asking the same authority that decided to review its decision.
• Costas — Costas are the legal costs of a case, which the losing side may have to pay.
• Justicia gratuita — Justicia gratuita is free legal aid for people on low incomes, covering lawyer and procurador.
• Medidas cautelares — Medidas cautelares are interim court measures, such as suspending a decision while the case runs.
• Caución — A caución is a guarantee the court may require to cover possible damages from a suspension.

Key rules

• Deadline: Missing the court deadline closes the route, so count from the notification date and act early.
• Costs: If you lose completely, you will normally pay the other side's costs.
• Suspension: The court will not pause the decision unless you ask, usually in the claim itself.
• Legal aid: Free legal aid covers both lawyer and procurador if your income is low.

The short version

Going to the administrative court (contencioso-administrativo) is a strict route. The deadline is short, you usually need a lawyer, and if you lose you may pay the other side's costs. You can ask the court to pause the decision while the case runs, but you have to ask for it yourself.

How long do you have?

Against an express refusal, you have two months to go to the administrative court. If you first file an alzada or reposición appeal, that appeal has a one-month deadline.

If the authority stays silent and the silence counts as a refusal, you have six months from when the silence arises to go to court.

If an express refusal arrives after the silence, the deadline for challenging it runs from the day it is notified to you. Check the notification for the date.

Tax and some other sector procedures, such as immigration, have their own deadlines. Check the notice you received or ask a lawyer.

Do you need a lawyer and a procurador?

It depends on the court:

• In the juzgados (single-judge courts), you can choose a lawyer alone, who can also represent you, or a lawyer plus a procurador.
• In the higher courts (the regional high court, the Audiencia Nacional and the Supreme Court), you need both a procurador and a lawyer.
• Public employees can sometimes appear on their own in personnel matters, but not in cases about the end of the employment relationship.

A procurador is the professional who formally represents you before the court. Your lawyer can tell you whether your court requires one.

If your income is low, you can apply for free legal aid (justicia gratuita). It covers both the lawyer and the procurador. Check the current income limits with your local bar association's legal aid office.

Which court hears your case?

It depends on who made the decision.

• Juzgados handle decisions of town halls, many regional matters (such as sanctions and lesser staff matters) and some State offices in the region, for example on immigration.
• The regional high court handles decisions of regional governments and local ordinances.
• The Audiencia Nacional handles decisions of ministers and central bodies.
• The Supreme Court handles decisions of the Council of Ministers and a few others.

Usually the court where the authority has its seat is the one that hears your case. For sanctions and staff matters you may also be able to choose the court where you live. Your lawyer will confirm the exact court for your case.

What can it cost?

If the court rejects all your claims, it normally orders you to pay costs (costas). These can include the other side's lawyer, procurador and expert fees. The court does not do this when the case raised serious doubts about the facts or the law, and it must explain why. It can also cap the costs at a maximum amount.

Appeals cost too. If you appeal and lose completely, you normally pay costs, unless there are exceptional reasons not to.

Can you stop the decision while the case runs?

Yes, but only if you ask. The court can suspend the decision or order other interim measures (medidas cautelares). Ask in your claim or when you file it.

The court looks at whether carrying out the decision would make your case pointless. It weighs that against the public interest and other people's interests, and it looks at whether your case seems strong. It may ask you to put up a guarantee (caución) to cover damages if the suspension turns out to be unjustified.

If waiting would cause serious harm, you can ask for urgent measures (medidas cautelarísimas). The court can grant them without hearing the other side first, then holds a hearing within 3 days.

Use the decision, timeline and checklist below to plan your route.

Choosing between options

Should you go to the administrative court, and how?

• Go to court with a lawyer only: Your case goes to a single-judge juzgado, where a lawyer alone can also represent you.

• Go to court with a lawyer and a procurador: Your case is heard by a higher court (TSJ, Audiencia Nacional or Supreme Court), where both are required.

• Ask for suspension as well: Carrying out the decision could make your case pointless, and the harm outweighs the general interest.

• Do not go to court: The risk of paying costs outweighs your chances, since losing fully usually means paying them.

Go to court only inside the deadline: two months after an express refusal, or six months when silence counts as a refusal. Pick the representation by court, and add a suspension request if waiting would cause harm.

Timeline and deadlines

• Go to court against an express refusal: within two months of the day after you are notified

• Go to court when the authority stayed silent and silence counts as a refusal: within six months from when the silence arises

• Ask for the decision to be suspended: normally in your claim, when you file it

• Ask for an urgent suspension if waiting would cause harm: the court acts at once, then holds a hearing within 3 days

• Use the deadline from the notification if an express refusal arrives after silence: counted from the day you are notified of that refusal

Checklist

• Find out which authority issued the decision, to know which court hears it.

• Hire a lawyer, and a procurador if your court requires one.

• Decide whether to ask the court to suspend the decision.

• Include your suspension request in the claim you file.

• Prepare for a possible guarantee if the court asks for one to cover damages.

What to watch out for

• Losing can mean paying costs: If the court fully rejects your claims, it normally orders you to pay the legal costs (costas), which can include the other side's lawyer, procurador and expert fees. The court can cap them. Ask your lawyer to assess your chances before filing. The court does not impose costs if the case raised serious doubts of fact or law.

• Appeals carry costs too: If your appeal is fully dismissed, costs normally fall on you, unless there are exceptional reasons. Weigh the cost with your lawyer before appealing.

• Missing the court deadline closes the route: The court deadlines are short: two months after notification of an express refusal, or six months when silence counts as a refusal. Count from the day after notification and file well before the last day.

Frequently asked questions

Do I need a lawyer to go to the administrative court?

Yes, in most cases you need a lawyer, and often a procurador (a court representative) as well. In the higher courts (TSJ, Audiencia Nacional, Supreme Court) you need both. In the single-judge juzgados, a lawyer alone can also represent you. Public employees can appear on their own in some staff matters.

Can I get free legal aid for a court case against the administration?

Yes, if your income is under the legal aid limit, free legal aid (justicia gratuita) covers both the lawyer and the procurador. Ask for it before you start the case.

Can I ask the court to stop the decision while the case runs?

Yes, you can ask the court to suspend the decision as an interim measure, normally in your claim. In special urgency you can ask for an immediate order, and the court then holds a hearing within 3 days. The court may ask you for a guarantee to cover possible damages.

Which court do I file my case with?

The court depends on who issued the decision. Local authority acts usually go to a juzgado, regional government acts to the regional high court (TSJ), and ministers' acts to the Audiencia Nacional. The court where the issuing body has its seat is normally the one that hears it.