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本帖最后由 taslima333 于 2024-3-10 13:01 编辑
Made within the period available to present the claim or response to it. Failure to comply with this deadline has dire consequences for the appellant: if the administrative file is not completed at the appropriate time, it cannot be requested at any subsequent time. This has been expressed by jurisprudence in judicial resolutions such as the Judgment of May , of the Contentious-Administrative Chamber of the Supreme Court, appeal no. /: “ The allegation that the administrative file is incomplete is irrelevant, when the appellants were able to make use of the possibility granted to them by the aforementioned art. of the Jurisdiction Law and they did not do so, and it is not possible to use the probationary period to try to correct the passivity when making use of that power to integrate the file provided for in the aforementioned article .
This doctrine not only works against the appellant, but the state attorney's office or public lawyers could not complete or introduce the administrative file at another time in the procedure. This procedure, which, at first glance, may seem insignificant, is essential in procedures, both administrative and contentious, since it involves Cell Phone Number List incorporating into them the administrative file , which is the object of central examination in which all the antecedents are found. and foundations of the litigated case. In the event that the administrative file is not completed , jurisprudence has indicated that defenselessness cannot be alleged in the process (Constitutional Court Ruling /). Consequently, the administrative file must be sent correctly within the legal period granted for it. Thus, while in the abbreviated contentious-administrative procedure it will be before the oral hearing, in the ordinary processing procedure, it will be before the presentation of the document of claim. A question of interest : on occasions, the request for referral of the complete administrative file has been used by lawyers to save time in the deadlines for formulating the claim or response, since from the moment it is requested to complete it, until it is sent, the deadline for formulating or responding to the claim is suspended, consequently, more time to prepare the corresponding writing.
The deadline and form to send the administrative file Article of the LJCA indicates that the administrative file must be sent within a period of non-extendable days from when the jurisdictional body has requested it. Your submission, as we have already studied, must be sent complete, numbered and authenticated, also accompanied by an authenticated index. If the process must be conducted through abbreviated processing and had therefore begun with the statement of claim, the court, either ex officio or at the request of the plaintiff, will request the administrative file . Once this is sent, the administration lawyer will make it known to the parties to the process so that, within a period of days, they can formulate the allegations they consider necessary. In the event that the deadline for sending the administrative file passes , without the Public Administration sending the complete file, the Lawyer of the Administration of Justice will claim it again. If within a period of days from the second request being made, the Public Administration does not deliver the complete file, the judge, after warning by the Attorney of the Administration of Justice, will impose a fine of three hundred to one thousand two hundred euros.
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发表于 2024-3-10 12:46:52