Administrative complaint prior to legal proceedings

Abstract

The prior administrative complaint is a privilege granted to the Administration in private law relations. The contentious issue is not brought to the attention of the courts as the Administration has taken the decision to accept, either in whole or in part, the request made by the interested party, to the satisfaction of the latter and in compliance with the law. Given that it is a preliminary requirement which limits or, at least, delays the access of citizens to legal proceedings, its constitutionality must be reflected in a judicial interpretation of its omission guided by the principle of pro actione; and at the same time, the correct identification of the entities that deserve such treatment is essential. Filing the prior complaint has the effect of interrupting the limitation and suspension of expiry, but only if the claim was due and the legal action is filed within the correct period. The decision taken on the administrative enquiry, whether it be dismissed or partially allowed, will leave the way open for legal proceedings. In any case, the introduction of substantial variations in the process with regards to the contents of the administrative decision is prohibited. In the case of administrative silence, the Administration is prohibited from indicating the grounds for its opposition to the request based on facts other than those cited in the administrative enquiry, in order to maintain equality between the parties and the principle of consistency.