Are Circulars and Internal Provisions of Administration General Provisions?

Question from Booli, Are Circulars and Internal Provisions of Administration General Provisions?

Answer from AI:

In Spain, the classification of administrative documents like circulars and internal provisions is crucial for determining their appealability. According to the Law on Public Sector Legal Regime (Ley 39/2015, de 1 de octubre, del Procedimiento Administrativo Común), “general provisions” typically refer to laws, decrees, and regulations that apply broadly. Circulars and internal provisions, however, are generally considered guidelines or internal instructions without the force of law.

The Supreme Court of Spain has ruled that these documents do not qualify as “general provisions” because they lack the formal legal standing required for appeal. Even if they have broad implications, they are not appealable in the same way as laws or regulations. However, individuals may still challenge specific decisions based on these documents or seek judicial review if their rights are affected.

Key Points:

• Circulars and internal provisions are not “general provisions” under Spanish law.
• They cannot be appealed through ordinary administrative channels.
• Challenges may be possible through other legal avenues, such as contesting specific decisions or seeking judicial review.
• Consulting a legal professional is advisable for personalized advice.

For further reading, the Spanish Law 39/2015 provides detailed information on administrative procedures.