Article 16 of Law 39/2015, of 1 October, on the common administrative procedure of Public Administrations (LPACAP) establishes the obligation of each Administration to have a general electronic register for the presentation and reception. of documents.

According to the fourth section, headings a) and d), the documents that the interested parties address to the bodies of the Public Administrations can be presented, among others:

  1. In the electronic register of the Administration or body to which they are addressed, as well as in the other electronic registers of any of the subjects referred to in article 2.1 of the LPACAP (that is, in the territorial administrations and the public sector institutional), i
  2. At the registration assistance offices.

To this end, the electronic records of each and every administration must be fully interoperable, so as to ensure computer compatibility and interconnection, as well as the telematic transmission of registry entries and documents submitted to any of the records .

Consequently, in the framework of interoperable records, the submission of applications will produce, on the one hand, an entry record in the receiving Administration (which does not necessarily have to be the Administration to which the letter is addressed ) and on the other, a new entry in the register of the receiving Administration (or Administration competent to resolve), once the document has been transferred electronically.

For this reason, it is necessary to determine which of the two entry entries in the register is the binding one for the purposes of calculating deadlines.

First of all, article 31.2.c) of the LPACAP indicates, verbatim, that the start of the calculation of the deadlines that must be met by the Public Administrations is determined by the date and time of submission to the electronic register of each Administration or body. , being understood by this the competent Administration to resolve. In any case, this effective date and time for the start of the calculation of deadlines must be communicated to the person who submitted the document.

Secondly, article 21 of the LPACAP, relating to the obligation to resolve, establishes the maximum deadlines for the resolution of administrative proceedings. In the light of the above, section 3.b) determines that in the proceedings initiated at the request of the interested party, the time limits shall begin to run from the date on which the application was entered in the register. electronic of the Administration or competent body for its processing .

Likewise, section 4 of the same precept provides that, in any case, the Public Administrations must inform the interested parties of the maximum period for resolving the procedures, within ten days following the receipt of the application in the electronic register of the Administration or body competent for its processing. This communication must indicate the date on which the application was received by the competent body.

Therefore, the date to be taken into account for the purposes of calculating time limits in the inter-administrative registers is the date of entry registration in the destination administration, ie in the Administration competent to resolve.

Legal Context

Law 39/2015

Article 16. Records.

"1. Each Administration must have a general electronic register, in which all documents submitted or received by any administrative body, public body or entity linked to or dependent on them must be recorded. It may also be recorded. the output of official documents addressed to other bodies or individuals.

[...] 4. The documents that the interested parties address to the organs of the public administrations can be presented:

a) In the electronic register of the Administration or body to which they are addressed, as well as in the other electronic registers of any of the subjects referred to in article 2.1.

[...] d) At the registration assistance offices.

The electronic records of each and every administration must be fully interoperable, so as to ensure their computer compatibility and interconnection, as well as the telematic transmission of the registry entries and documents presented in any of the records. "

Article 21. Obligation to resolve.

"1. The Administration is obliged to issue an express resolution and notify it in all proceedings, whatever its form of initiation.

In cases of prescription, waiver of the right, expiration of the procedure or withdrawal of the application, as well as the sudden disappearance of the object of the procedure, the resolution consists of the declaration of the circumstance that occurs in each case, with indication of the facts produced and the applicable rules.

Exceptions to the obligation referred to in the first paragraph are cases of termination of the procedure by agreement or agreement, as well as procedures relating to the exercise of rights subject only to the duty of responsible declaration or communication to the Administration.

2. The maximum period within which the express decision must be notified is that established by the regulations governing the corresponding procedure.

This period may not exceed six months, unless a rule of law provides for a higher one or if the law of the European Union so provides.

3. When the rules governing the procedures do not set a maximum period, this is three months. This period and those provided for in the previous section must be counted:

a) In proceedings initiated ex officio, from the date of the initiation agreement.

b) In those initiated at the request of the interested party, from the date on which the application has been entered in the electronic register of the Administration or body competent for its processing.

4. Public administrations must publish and keep up-to-date on the web portal, for information purposes, the lists of procedures within their competence, indicating the maximum duration of the procedures, as well as the effects of administrative silence.

In any case, the public administrations must inform the interested parties of the maximum period established for resolving the procedures and for notifying the acts that put an end to them, as well as the effects that administrative silence may have. This statement must be included in the notification or publication of the ex officio initiation agreement, or in the communication to be addressed to the interested party within ten days of receipt. of the request initiating the procedure in the electronic register of the Administration or competent body for its processing. In the latter case, the communication must also indicate the date on which the application was received by the competent body [...]. "

Article 31. Calculation of deadlines in the registers.

"[...] 2. The electronic register of each Administration or body shall be governed by the purposes of calculating the time limits for the official date and time of the electronic headquarters of access, which shall have the necessary security measures in place to ensure The integrity of the electronic register shall be governed by the following rules:

[...] c) The start of the calculation of the deadlines that must be met by public administrations is determined by the date and time of submission to the electronic register of each Administration or body. In any case, the effective date and time for the start of the calculation of deadlines must be communicated to the person who submitted the document [...]. "

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