Appeals against administrative sanctions
Lawyer for appeals against administrative sanctions
If you have received a fine or administrative sanction, the worst thing you can do is assume that, because it comes from a public authority, there is nothing you can do about it. In administrative penalty proceedings, the issue is often not only the final outcome, but also how the procedure was conducted, how the decision was justified, and whether the Administration has genuinely respected legality and proportionality. Law 40/2015 requires that the sanctioning power is exercised only when expressly granted by law and in accordance with the established procedure; sanctions must also comply with the principle of proportionality.
This means that not every sanction is valid simply because a file exists. Each case must be carefully reviewed, and done quickly.
If you have been fined, do not assume the Administration is necessarily right
Law 39/2015 establishes that appeals may be filed against decisions and certain procedural acts that cause a state of defencelessness or irreparable harm, and such appeals may be based on grounds of nullity or annulability. In addition, acts that limit rights or legitimate interests, as well as those resolving appeals, must be reasoned, with reference to the facts and legal grounds.
In plain terms: when you receive a sanction, it is essential to examine what you are being accused of, what evidence supports it, which authority issued it, how the procedure was conducted, and whether the reasoning is legally sound. This is often where cases are won or lost.
What we review in an administrative sanction
At a minimum, we review:
the legal basis of the infringement, the competence of the issuing authority, the reasoning, the proportionality of the sanction, the procedure followed, and whether the act may be subject to nullity or annulability. The LPAC distinguishes between acts that are null and void —for example, those issued by a manifestly incompetent authority or those that violate fundamental rights— and acts that are voidable due to any infringement of the legal system, including misuse of power.
In addition, Law 40/2015 establishes that only conduct defined by law can constitute an administrative offence, and that sanctions must respect the principle of proportionality. This combination of legality, specificity, and proportionality is one of the first filters that should be applied to any sanctioning procedure.
Administrative appeals: appeal and reconsideration
When an act does not bring the administrative procedure to an end, an appeal for reconsideration (alzada) may be filed; when it does bring it to an end, a optional reconsideration appeal (reposición) may be filed, or you may go directly to the administrative courts (contencioso-administrativo). The LPAC regulates both routes and, in the case of the reconsideration appeal, makes it clear that if you file it, you cannot go to court until it has been expressly resolved or deemed rejected by administrative silence.
This is important because many sanctions are lost for a very simple reason: they are appealed too late, through the wrong procedure, or with no clear legal strategy.
When it makes sense to go to the administrative courts
The LJCA allows you to challenge express or presumed administrative acts that bring the administrative procedure to an end, and generally sets a deadline of two months for express acts and six months for presumed acts. In addition, administrative courts do not only review classic administrative decisions, but also the Administration’s inaction and unlawful actions (via de facto).
In other words: not everything ends with an administrative appeal. Sometimes the real defence begins in the administrative courts.
How we handle your appeal
First, we review the case file and check the deadlines. Second, we identify whether the issue lies in the evidence, the reasoning, the authority’s competence, the procedure, or the proportionality of the sanction. And third, we decide the appropriate legal route: administrative appeal (alzada), reconsideration (reposición), extraordinary review, or judicial review before the administrative courts (contencioso-administrativo). Our approach is always the same: not to file submissions for the sake of filing them, but to build an effective legal challenge.
What documentation we need
If you already have it, it is useful to gather:
the sanction notice or decision, the proposed resolution, any prior submissions, the full administrative file if you have been able to obtain it, evidence supporting your version of events, photographs, reports, communications, and any document that helps reconstruct the facts, deadlines, and procedural defects. If you do not have everything, that is not a problem: we will tell you what is missing and what should be requested immediately.
In general, yes. Decisions imposing sanctions, as well as certain procedural acts that cause a lack of defence or irreparable harm, can be challenged through the legal remedies provided for in the LPAC.
It depends on the case, but it is usually assessed on grounds such as reasoning, competence, procedure, legality, specificity of the offence (typicity), proportionality, and whether the act is null and void or merely voidable.
Yes. If the administrative act brings the administrative procedure to an end, you may choose to go directly to the administrative courts (contencioso-administrativo) or alternatively file an optional reconsideration appeal (reposición potestativa).
If you have been fined, it is better to defend yourself with a strategy than to pay out of habit
An administrative sanction is not won or lost based on intuition. It is won or lost by carefully reviewing the file, deadlines, and the legality of the decision. If you have received a sanction or an administrative file, we can help you review it with a clear legal strategy.
Request an initial assessment of your sanction.
