Law 39/2015: Public Administration in Spain

• Law 39/2015, October 1, outlines the Common Administrative Procedure for Public Administrations in Spain.
• The law addresses the legal rights of citizens in their dealings with Public Administrations.
• It is updated as of November 6, 2024.

Background and Context

• The law aims for efficiency, transparency, and agility in Public Administrations, aligning with economic competitiveness.
• It seeks to rationalize actions of executive institutions, improve resource efficiency, and boost productivity.
• The law addresses issues like duplication, inefficiencies, and complex procedures that cause legal insecurity.
• Integrated reform aims to clarify how administrations organize and relate to citizens, businesses, and internally with other entities.
• It forms one pillar of Spanish administrative law alongside the Law on the Legal Regime of the Public Sector.
• The law regulates interactions between administrations and the people, especially in exercising self-protection powers and regulatory initiative

Constitutional Basis and Scope

• The Constitution distinguishes the Government from Administration, assigning governance and regulatory power to the former.
• Article 103 establishes principles for Public Administration, including effectiveness and legality.
• Article 105 mandates law regulation of citizen input in creating administrative acts and guarantees hearings for those affected.
• Article 149.1.18 grants the State authority to regulate common administrative procedures and the responsibility system for all Public Administrations.
• The law establishes minimum rights and guarantees for citizens dealing with administrative activities. Public Administration powers include self-protection and regulatory initiative.
• It allows for certain regional and local specifications but maintains a basic common framework.

Historical Evolution

• The concept of administrative procedure has evolved, adapting to historical and social contexts.
• Key milestones include the Law on Administrative Procedure of 1958 and Law 30/1992.
• Law 4/1999 modified Law 30/1992, reforming aspects of administrative procedure.
• Law 11/2007 acknowledged the impact of technology, establishing the right for citizens to interact electronically with Public Administrations.
• Current focus includes electronic procedures, efficiency, transparency, and bolstering legal safeguards.

Principles of Good Regulation

• The Law aims to follow "Better Regulation" and "Smart Regulation" concepts to comply with regulatory objective.
• Regulatory analyses and stakeholder engagement play pivotal roles.
• The law seeks to consolidate regulations, enhance citizen participation, ensure legal certainty, and review the legal order.
• The law incorporates recommendations from the OECD publication «Spain: From Administrative Reform to Continuous Improvement».

Structure and Key Elements of the Law

• The law comprises 133 articles across seven titles, plus additional, transitional, derogatory, and final provisions.
• The preliminary title defines the scope, including basic regulations for legislative initiative and regulatory authority. The law applies broadly to the Public Sector, with specific provisions for various entities.
• The law states that only laws can establish additional procedures. Regulations can specify competent bodies, times and forms of initiation and conclusion.
• Title I details the rights of interested parties in administrative procedures, including legal capacity and representation. It introduces new means for demonstrating representation.
• It covers electronic identification and signatures, coherent with EU Regulation no. 910/2014.
• Title II elaborates on the function of Public Administrations, emphasizing electronic interaction. It mandates electronic record keeping and specifies data protection measures.

Key Provisions of Note

• Rights of persons to communicate electronically with Public Administration, with certain exceptions.
• Public Administration must have a general electronic registration system and assist those who need help with electronic procedures.
• A common registry will facilitate citizen access of electronic records.
• New rules for the counting of terms and deadlines.
• Greater clarity in electronic notifications and a portal to access them.

Main Goals

• Simplify administrative procedures integrated as specializations in common administrative procedure.
• In phases of initiation, arrangement, instruction and ending of procedures, using of general and mandatory use of electronic means.
• Revise acts in administrative channels and improve effectiveness of Public Administrations
• Provide citizens with info with legal relevance for creating norms.