If the Request for Initiation does not meet the requirements:

Agreement of the competent body: OUTLINE OF THE ADMINISTRATIVE PROCEDURE - LAW 39/2015
Notification
- On the organ'sfor
Art. 68.1 and 2 theinitiative.
own interested party to remedy the deficiency or to accompany the required documents.
- At the reasoned request of other of competitive concurrence
Possible expansion
bodies.
- By Art.
File a) Name and surname of the interested party and, if applicable, the person representing him/her.
complaint. 58 b) Identification of the electronic meansStopped
or physical place where you want the notification to be made. Additionally, the interested parties may
for cause
INITIATION REQUEST OF provide their e-mail address and/or electronic device
imputable in order for the AAPP to notify them when the notification is sent or made available.
to the
T 3 months
EX OFFICIO THE c) Facts, reasons and request in which the request is clearly specified.
d) Place and date. No Resolution
INTERESTED
PARTY Art. 66 Express:
e) Signature of the applicant or accreditation of the authenticity of his will expressed by any means.
DISMISSED
f) Body, center or administrative unit to which it is addressed and its corresponding identification code.
RCA
Provided that they are not selective or selective
procedures.
10 If you do not comply with the procedure, a
up to 5 more days
days Resolution is issued:
.
Art. 68.3 Procedures initiated at the request of the interested parties: the competent body may request the applicant to voluntarily modify or improve the terms of the request. A summary record shall be drawn up.

RECUSAL Recognizes that the alleged cause is given - Hierarchical Superior agrees to
Law40/2015 TO THE OFFICIAL The challenged official substitution.
Next day Denies the existence of the alleged 3 days "► Hierarchical Superior
Art. 24 cause of action decides.

Art. 57 ACCUMULATION: The organ that initiates or processes a proceeding may order its accumulation with others with which it has substantial identity or intimate
connection. >No appeal is allowed.

Provisional measures shall be confirmed, modified or lifted in the decision to initiate the procedure, which shall be made within
ADOPTION OF PROVISIONAL MEASURES
Art. 56 15 days of its adoption, and may be subject to the appropriate appeal. Provisional measures may not be adopted that may
to ensure the effectiveness of the Resolution
cause damage that is difficult or impossible to repair to the interested parties or that imply violation of rights protected by law.
that may lapse

Notification to 10
for the interested party to carry out days - Does not Art. 95
Art. 73.1
any procedure perform - If it is essential
Art. 73.2 the Not required for • to Resolve
The procedure has
been carried out procedur Resolver
Completed
e
but does not meet the
IF it NO
requirements Does not performs the performs
cure the It is declared necessary the
10 days Notification to defect
10 days DECAIDO actions actions
Corrects the defect M —• to remedy
Art. 73.3
of the right to
— mentioned
procedure
may not be Resolution declaring
CADUCIDAD
applicable in the general
interest.
Art. 76
Allegations of the Interested Party (at any time prior to the hearing): they must be taken into account.
Art. 80
Art. 77 When the Administration the facts alleged or the nature of the proceeding so requires.
TRIAL PERIOD (10 to 30 days)
Extraordinary Period: maximum 10
Art. 79 days
REQUEST FOR REPORTS Unless expressly provided otherwise: Optional and Non-binding. Report submission: 10 days, except other
Art. 83 deadlines.
Non-appearance: does not prevent the interested parties from filing
I PUBLIC INFORMATION (≥ 20 days) —•
appeals. Appearance: does not, by itself, grant the status of
interested party.
Art. 82 Excluded: when no facts/allegations/evidence other than those adduced by the
HEARING PROCEDURE (10 to 15 days) interested party are included in the procedure or taken into account in the decision.
EXPIRY
Complementary Actions: The agreement will be notified to the interested parties(7 days to formulate the allegations that they
Art. 87 consider pertinent after the end of the same). The complementary actions must be carried out within a period not exceeding 15 Art. 94 WITHDRAWAL/WAIVER
days. The time limit to resolve the procedure will be suspended until the completion of the complementary proceedings.
Proposal Art. 86 PACT OR
Art. 21: The Administration is obliged to issue an express resolution in all procedures and to notify it, regardless of the form of AGREEME
for initiation. Exceptions: cases of termination of the procedure by agreement or arrangement, as well as procedures relating to the NT
Resolution Art.
exercise of rights subject only to the duty of prior communication to the Administration. 84.2 IMPOSSIBILITY BY
SUPERVENING CAUSES
Art. 21 DEADLINE FOR RESOLUTION: AS SET BY REGULATION AND, IN THE LACK THEREOF, 3
MONTHS i
RESOLUTION Art. 88.5: The Administration. It may not refrain from
Congruent with the Application and NO RESOLUTION
ruling on the pretext of silence, obscurity or insufficiency of the
EXPRESS cannot -- EXPRESS legal precepts applicable to the case.
aggravate the initial situation of the
IF IT EXHAUSTS THE interested
DOESparty.
NOT EXHAUST THE
IF IT EXHAUSTS THE L DOES NOT EXHAUST THE
ADMINISTRATIVE ADMINISTRATIVE
ADMINISTRATIVE CHANNEL. . ADMINISTRATIVE CHANNEL.
CHANNEL. 1mes Art. 123-124 CHANNEL. 1 month Art. 121-122
At any time Atany time
No Recurso Resource No Appeal of Appeal of
Appeal of Appeal of
Potestativo de Optional from ALZADA ALZADA
REPOSITION ALZADA Art. 121-122
REPOSITION REPOSITION
3 1 3
_______, 1 Art. 123-124
months month months
month Resolution Express
Resolution
Resolution Expre Resolutio
dam
Expresses n Art. 24.1
SIGNA No Resolution
Recurso No Resolution Art. 125-126
TURE Expresses: No Resolution
Extraordinary Expressed: ACT REJECT Extraordinar Express:
REVIEW DISMISSED y Appeal for DEAR
RCR RCA o
3 months RCR Recurso
RCA RCA REVIEW
REJECTED (24.1,
I 3 months -
RCA Extraordinary 3rd paragraph)
Resolution REVISION Resolution No Resolution
An Extraordinary Appeal for Review may be filed against final
Expresses Expresses Expressed:
3
months
administrative acts before the body that issued them, when any of the
following circumstances apply:
DISMISSED
RCA
1ª. That in issuing them an error of fact has been made, which results from the
No Resolution Resolution No Resolution documents included in the file. (Term: 4 years).
RCA Express:
Expresses Expresses: 2ª. The appearance of documents of essential value for the resolution of the RCA
DISMISSED
DISMISSED case that, even if they are subsequent, evidence the error of the appealed
decision. (Deadline: 3 months).
RCA
-------I------- RCA 3ª. That the decision has been essentially influenced by documents or
testimonies declared false by a final judicial decision, prior or subsequent to
LJCA: Article 25.
RCA RCA that decision. (Deadline: 3 months).
4ª. That the resolution had been issued as a result of prevarication, bribery, 1. The RCA is admissible in relation to provisions of a general nature and to express
violence, fraudulent scheme or other punishable conduct and has been declared and presumed acts of the Administration. The public actions that put an end to the
RCA-Recurso Contencioso-Administratlo as such by virtue of a final court decision. (Deadline: 3 months). administrative procedure, whether definitive or procedural, if the latter directly or
indirectly decide the merits of the case, determine the impossibility of continuing the
LJCA: Article 46. Deadline to file the RCA: procedure, produce defencelessness or irreparable harm to legitimate rights or
Against express acts: 2 months. interests.
Against presumed acts: 6 months 2. It is also admissible against the inactivity of the Administration. and against its
material actions that constitute a de facto action, under the terms established in this
Law.
 OUTLINE OF THE ADMINISTRATIVE PROCEDURE - LAW 39/2015

The Administration is obliged to issue an EXPRESS RESOLUTION and to notify it in all procedures, regardless of how they are initiated. EXCEPTIONS:
OBLIGATION TO The cases of termination of the procedure by agreement or arrangement,
RESOLVE Procedures relating to the exercise of rights subject only to the duty of responsible declaration or communication to the Administration.

Art. 21 PRESCRIPTION WAIVER OF RIGHT THE RESOLUTION SHALL CONSIST OF A

STATEMENT OF THE CIRCUMSTANCE IN EACH
IN THE CASES OF: EXPIRATION OF THE PROCEEDING WITHDRAWAL OF THE CASE, WITH AN INDICATION OF THE FACTS
APPLICATION INVOLVED AND THE APPLICABLE RULES.
SUPERVENING DISAPPEARANCE OF THE SUBJECT MATTER OF
THE PROCEDURE
INITIATION RESOLUTION
OF THE AND
FILE MAXIMUM NOTIFICATION
TERM

1º. THE TIME LIMIT ESTABLISHED IN THE RULE REGULATING THE CORRESPONDING PROCEDURE.
THIS PERIOD MAY NOT EXCEED SIX MONTHS UNLESS A LONGER PERIOD IS ESTABLISHED BY A REGULATION WITH THE RANK OF LAW
OR IS PROVIDED FOR IN EU LAW.
2º. WHEN THE RULES REGULATING THE PROCEDURES DO NOT ESTABLISH A MAXIMUM TERM: 3 MONTHS. .
THESE DEADLINES WILL BE COUNTED:
a) In proceedings initiated ex officio, from the date of the agreement to initiate.
b) In those initiated at the request of the interested party, from the date on which the request has entered the electronic registry of the Administration or Agency competent
to process it.

ADMINISTRATIVE SILENCE IN PROCEDURES INITIATED AT THE REQUEST OF THE INTERESTED Art. 24

PARTY
In the procedures initiated at the request of the interested party, without prejudice to the resolution that the Administration must issue in the manner provided for in section 3 of
this article, the expiration of the maximum term without having been notified of an express resolution, legitimizes the interested party/s to understand it to be ESTIMATED BY
ADMINISTRATIVE SILENCE, except:
Cases in which a rule with the rank of law or a rule of European Union or international law applicable in Spain establishes THE ADMINISTRATIVE
otherwise. SILENCE
WILL HAVE
DISMISSING EFFECT.
Procedures relating to the exercise of the right of petition, referred to in Article 29 of the Constitution.

Proceedings whose estimation would result in the transfer to the applicant or third parties of powers relating to the public
domain or public service.

Procedures involving the exercise of activities that may damage the environment.

Proceedings of patrimonial responsibility of the Public Administrations. EXCEPT

THESE
MATTERS
Proceedings to challenge acts and provisions and in ex officio review proceedings initiated at the request of the interested
parties. ADMINISTRATIVE
EXCEPTION
REJECTION BY SILENCE:
ADMINISTRATIVE EXHAUSTION OF THE TIME ESTIMATION
SILENCE LIMIT, WITHOUT RESOLUTION
OR NOTIFICATION

The administrative silence is considered, for all purposes, as an administrative act finalizing the procedure.

The rejection by administrative silence has the sole effect of allowing the interested parties to file the appropriate administrative or contentious-administrative appeal.

THE OBLIGATION TO ISSUE AN EXPRESS DECISION REFERRED TO IN THE FIRST PARAGRAPH OF ARTICLE 21 SHALL BE SUBJECT TO THE FOLLOWING 4 Art. 24.3
REGIME:

A) In cases of estimation by administrative silence, the express resolution subsequent to the production of the act may only be issued if it
confirms the same.

REQUEST EXPIRATION OF THE TIME EXPRESS RESOLUTION

FROM LIMIT, ESTIMATION LATER:
WITHOUT RESOLUTION OR BY SILENCE
INTERESTE CAN ONLY BE ESTIMATORY
NOTIFICATION ADMINISTRATIV
D -----------e-----------

B) In cases of rejection due to administrative silence, the express resolution subsequent to the expiration of the term shall be adopted by the
Administration without any link whatsoever to the sense of the silence.

EXPIRATION OF THE TERM,

REQUEST REJECTION BY EXPRESS RESOLUTION
WITHOUT RESOLVING OR
FROM THE NOTIFYING ADMINISTRATIVE LATER:
INTERESTE SILENCE CAN BE
D PARTY OR

LACK OF EXPRESS RESOLUTION IN PROCEEDINGS INITIATED EX OFFICIALLY - Article 25

In ex officio initiated procedures, the expiration of the maximum period established without an express resolution having been issued and notified does not exempt the
Administration from complying with the legal obligation to resolve, producing the following effects:

A)In the case of procedures from which the recognition or, if applicable, the constitution of rights or other favorable legal situations may derive, the interested parties who
have appeared may have their claims dismissed by administrative silence.
EX OFFICIO EXPIRATION OF THE TERM, WITHOUT RESOLVING OR REJECTION
INITIATION NOTIFYING BY
ADMINISTRATIVE
SILENCE

B) In proceedings in which the Administration exercises sanctioning powers or, in general, powers of intervention, susceptible of producing unfavorable or burdensome
effects, the statute of limitations will expire. In these cases, the resolution declaring the forfeiture shall order the proceedings to be filed, with the effects provided for in art.
95.
INITIATION EXPIRATION OF THE TERM, WITHOUT RESOLVING OR RESOLUTION
OF NOTIFYING
EX OFFICIO DECLARING THE CADUCIDAD
(ARCHIVING OF THE
PROCEEDINGS)
 OUTLINE OF THE ADMINISTRATIVE PROCEDURE - LAW 39/2015
In order to facilitate the cross-border use of single points of contact under Directive 2006/123/EC of the European Parliament and of the Council on
services in the internal market, each EU Member State is expected to publish a "Trusted List" containing minimum information concerning certification service
providers issuing qualified certificates to the public supervised in that State. This List must comply with the technical specifications set out in the Annex to
Commission Implementing Decision 2013/662/EU of 14 October 2013 amending Decision 2009/767/EC as regards the establishment, maintenance and
publication of trusted lists of certification service providers supervised or accredited by Member States.
As a consequence of the above, the Ministry of Industry, Energy and Tourism has drawn up a Trusted List of Certification Service Providers (TSL)
corresponding to the providers that issue recognized certificates and that are established and supervised in Spain:
Update as of 6-10-2015:
1 - TSP: Banco Santander, S.A.
2 - TSP: General Police Directorate.
3 - TSP: Agencia Notarial de Certificación S.L. Unipersonal.
The FNMT-RCM, through its department of CERES
4 - TSP: Fábrica Nacional de Moneda y Timbre - Real Casa de la Moneda (FNMT- (CERtificación ESpañola) offers electronic certificates recognized
RCM). by the vast majority of Public Administrations, the FNMT Class
5 - TSP: Consorci Administració Oberta de Catalunya - CAOC. 2CA certificate and the AC FNMT Users certificate.
6 - TSP: ANF CERTIFICATION AUTHORITY ANF AC ASSOCIATION. In addition to issuing electronic user certificates, the FNMT- RCM
7 - TSP: General Council of Spanish Lawyers. offers Public Administrations and Companies its Certification
8 - TSP: Civil Engineers Association. Services that guarantee the principles of Authentication, Integrity,
9 - TSP: HEALTHSIGN, S.L. (Colegios Oficiales de Enfermería de Cataluña). Confidentiality and Non-repudiation in communications through
10 - TSP: Instituto Valenciano de Finanzas. open networks.
11 - TSP: AC Camerfirma, S.A. http://www.cert.fnmt.es/web/ceres/home
12 - TSP: OFFICIAL ASSOCIATION OF PROPERTY AND MERCANTILE REGISTRARS
OF SPAIN.
13 - TSP: Banco Español de Crédito, S.A.
14 - TSP: INTERCAMBIO ELECTRONICO DE DATOS Y COMUNICACIONES, S.L. (EDICOM).
15 - TSP: Ministry of Defense PKI Management Authority - AGPMD. General Sub-Directorate of Information and Communication Technologies - SDGTIC.
16 - TSP: Ziurtapen eta Zerbitzu Enpresa-Empresa de Certificación y Servicios, Izenpe, S.A.
17 - TSP: Firmaprofesional, S.A.
18 - TSP: General Treasury of the Social Security.
19 - TSP: Ministry of Employment and Social Security. Similarity Difference
20 - TSP: Consejo General de Colegios Oficiales de Médicos
de España (CGCOM). Autograph They serve as means of It is inseparable from the signatory
21 - TSP: BANK OF SPAIN. Signature identification of the
22 - TSP: Castilla-La Mancha Health Service (SESCAM). Electronic
signatory It is perfectly separable from the signatory
Signature
23 - TSP: SIGNE S.A.
24 - TSP: SISTEMAS INFORMATICOS ABIERTOS SOCIEDAD ANONIMA.

Types of Electronic Signature

It would include PIN-type systems and even the digitized graph of a handwritten signature.
Simple It identifies the signer, but cannot guarantee the authenticity or integrity of the document's content.
The advantage is that it is very easy to use; the disadvantages are a low level of security and the impossibility of guaranteeing integrity.

In addition to identifying the signer, this type of electronic signature guarantees the authenticity and integrity of the document.
Advanced
Its security is high, but requires the use of an electronic certificate, which can make its use relatively complex.
It is an advanced signature that also requires personal accreditation of the identity of its holder (whether a natural person, legal entity or unincorpor
entity) to obtain the mechanisms that will allow him/her to perform it, requiring the issuance of an electronic certificate by a trusted third party, calle
Recognized or electronic certification service provider or simply a certification authority.This requires the issuance of an electronic certificate by a trusted third party, kn
Qualified as an electronic certification service provider or simply a certification authority.
It is for this reason that it enjoys full technical and legal guarantees in the legal system.
It guarantees the "non-repudiation" of the parties.

Law 59/2003, of December 19, 2003, on electronic signature (BOE 20-12-2003):

Article 3. Electronic signature and electronically signed documents.
1. The electronic signature is the set of data in electronic form, consigned together or associated with others, which can be used as a
means of identification of the signatory.
2. An advanced electronic signature is an electronic signature that makes it possible to identify the signatory and to detect any
subsequent changes to the signed data, that is uniquely linked to the signatory and to the data to which it refers, and that has been created
by means that the signatory can use, with a high level of confidence, under his exclusive control.
3. A qualified electronic signature is an advanced electronic signature based on a qualified certificate and generated by means of a
secure signature creation device.
4. A qualified electronic signature shall have the same value with respect to data recorded in electronic form as a handwritten
signature has with respect to data recorded on paper.
5. An electronic document is information of any nature in electronic form, filed in an electronic support according to a specific format and
susceptible of identification and differentiated treatment.

Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and
trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC Published in the OJEU on
28-8-2014.
"electronic seal" means data in electronic form attached to, or logically associated with, other data in electronic form to ensure the origin
and integrity of the latter;
"advanced electronic seal" means an electronic seal that meets the requirements referred to in Article 36;
"qualified electronic seal" means an advanced electronic seal that is created by a qualified electronic seal creation device and is based
on a qualified electronic seal certificate;