Does the previous administrative claim disappear or is it only «transformed»?

Abstract

The new Common Administrative Procedure Law has modified several provisions of the Law on Social Jurisdiction (LSJ). Most of these changes have a single reason for being: the suppression, as a general rule, of the previous administrative claim as a pre-procedural budget, necessary to go to the social order of the jurisdiction when the claims of protection of a socio-labor nature have as taxable person Public Administrations. The only exception that remains to the elimination of this authentic procedural privilege, a residue of the past omnipresence of administrative prerogatives, also when this subject acts as an employer, still subject to Labor Law, is in the matter of Social Security benefits process. Well, before the bad technique of legislative reform, a very widespread defect in the process of production of norms in Spain, before and after the crisis, has been raised a bitter doctrinal discussion: once the previous administrative complaint has come through the door, would it not have re-entered through the window of the administrative appeal, because of the confusing reference in Article 69.1 of the LSJ? In this forum, both the reasons for the problem and the solutions to be given are explained directly and simply, which, in the opinion of the forum's leader, are definitively understood as «dead and buried», as a rule, the previous administrative complaint, without That it is reasonable to breathe any encouragement through the administrative appeal, except in those cases in which the legislature expressly so requires (articles 117 and 151 LSJ).