Challenge of general provisions

The Supreme Court (SC) has made it very clear in a recent judgment what to do if someone is affected by a general provision, such as an autonomous decree declaring the protection of an archaeological site. In this case, a construction company tried to appeal to the same Administration through the appeal for reconsideration, a common procedure for specific administrative acts, but not valid when it comes to general rules. The Administration rejected the appeal stating that decrees of this kind cannot be challenged through this means and the High Court agreed: these rules are specially protected from administrative appeals and can only be challenged directly in court. The construction company did not give up and went to the Supreme Court alleging that this violated its

right to effective judicial protection, that is, access to justice, and that the Administration had confused it about how to proceed. However, the SC considers that the company should have properly focused its complaints and arguments in the initial judicial phase, and if it believed that the Administration had misled it, it should have said so from the beginning. For all these reasons, it was not only confirmed that,

contrary to general rules such as autonomous decrees, there is no room for traditional administrative appeals, but if arguments are not raised in time in the judicial process, they cannot be introduced in subsequent appeals. This underscores the importance of strictly following the procedural paths at all times if successfully challenging a general provision is to be sought. If you have suffered financial damage for which the Administration may be liable, our professionals can demand the corresponding responsibilities for the compensation of the damage caused.

If you have suffered financial damage for which the Administration may be held responsible, our professionals can claim the corresponding responsibilities for the compensation of the damage caused.