Not always. It depends on whether the act does or does not bring the administrative process to an end, and on the strategy that is most appropriate in each case. If the act does end the administrative process, Law 39/2015 allows you to either file an optional reconsideration appeal (reposición) or go directly to the contentious-administrative courts.
As a general rule, you have two months to challenge express administrative acts that end the administrative process, and six months for presumed acts. If you have filed a reconsideration appeal (reposición), the deadline runs from its express decision or from the moment it is deemed rejected by administrative silence.
As a general rule, you have <strong>one year</strong> from the date the event occurred or from when the harmful effect became apparent. In cases of physical or psychological injury, the period starts from the moment of recovery or from the determination of the extent of the after-effects.
A claim is stronger when the administrative act is poorly reasoned, improperly processed, issued by an incompetent authority, or when there has been a breach of procedure. In public liability cases, it is also key that the damage is clearly identified and properly linked causally to the functioning of the public service, depending on the legal route being used.