In accordance with the wording of Article 41 of Law 39/2015, of 1 October, on the common administrative procedure of public administrations (LPACAP), the person concerned may identify in their applications a device e-mail address and / or an e-mail address used to send alerts for notification purposes.
The Administrations will therefore have to send a notice to the electronic device and / or to the e-mail address indicated in the form, to inform the interested party of the provision of a notification in the electronic headquarters or address. single electronics enabled.
However, despite this obligation on the part of the Administration to send the notification notice whenever the person concerned has expressed his wish to receive it, the last paragraph of Article 41 of the LPACAP states that the lack of practice this notice does not prevent the notification from being considered fully valid.
In other words, the absence of the notice does not constitute a defect in a way that invalidates the practice of notification.
Consequently, it does not seem logical that the non-delivery - although it may cause harm to a third party - is alleged as an abnormality in the processing of the procedure that could lead to the presumption of " abnormal operation of a public service " , necessary for the patrimonial responsibility of the Public Administration to concur.
Legal Context
Law 39/2015
Article 41. General conditions for the practice of notifications.
" 1. [...]
Irrespective of the means used, the notifications are valid as long as they allow proof of their sending or making available, of the receipt or access by the interested party or his representative, of their dates and times, of the complete content. , and the trustworthy identity of the sender and recipient. Accreditation of the notification made is included in the file
[...]
6. In addition, the interested party may identify an electronic device and / or an e-mail address that will be used to send the notices regulated in this article, but not for notifications.
Irrespective of whether the notification is made on paper or by electronic means, the public administrations must send a notice to the electronic device and / or to the e-mail address of the interested party that it has communicated, in order to inform him of the provision of a notification at the electronic headquarters of the corresponding Administration or body or at the only enabled e-mail address. Failure to comply with this notice will not prevent the notification from being considered fully valid. "
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