The calculation of deadlines in the case of inter-administrative records

Article 16 of Law 39/2015, of October 1, 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 send to the bodies of the Public Administrations can be presented, among others:

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 territorial administrations and the public sector institutional), i
At the registration assistance offices.

For these purposes, the electronic records of each and every one of the administrations must be fully interoperable, so as to guarantee computer compatibility and interconnection, and also the telematic transmission of registration entries and documents submitted to any of the registers .

Consequently, within the framework of interoperable registers, the submission of requests will produce, on the one hand, a record of entry 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 beginning 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 , meaning the Administration competent to resolve. In any case, this effective date and time of the start of the calculation of terms must be communicated to the person who presented the document.

Secondly, article 21 of the LPACAP, relating to the obligation to resolve, establishes the maximum terms for the resolution of administrative procedures. Given the scenario presented, section 3.b) determines that in the procedures initiated at the request of the interested party, the deadlines will begin to count from the date on which the request was entered in the register electronic form of the Administration or competent body for its processing .

Also, in section 4 of the same precept it is provided that, in any case, the Public Administrations must notify the interested parties of the maximum deadline for resolving the procedures, within ten days following the receipt of the request in electronic register of the Administration or competent body for its processing. This communication must necessarily indicate the date on which the request was received by the competent body.

Therefore, the date that must be taken into account for the purposes of calculating deadlines in inter-administrative records is the date of entry in the administration of destination, that is, 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 presented or received in any administrative body, public body or entity linked or dependent on them must be registered. It can also be noted the output of official documents addressed to other bodies or individuals.

[...] 4. The documents that the interested parties send to the public administration bodies can be presented:

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

[...] d) To the assistance offices in matters of records.

The electronic records of each and every one of the administrations must be fully interoperable, so that computer compatibility and interconnection are guaranteed, as well as the telematic transmission of registration entries and documents that are presented in any of the registers."

Article 21. Obligation to resolve.

"1. The Administration is obliged to issue an express resolution and notify it in all procedures regardless of the form of initiation.

In cases of prescription, waiver of the right, expiration of the procedure or withdrawal of the request, as well as 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.

Excluded from the obligation referred to in the first paragraph are cases of termination of the procedure by pact 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 term in which the express resolution must be notified is that set by the regulation governing the corresponding procedure.

This period cannot exceed six months, unless a rule with the rank of law establishes a higher one or so provided by the law of the European Union.

3. When the rules governing the procedures do not set a maximum term, 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 request has been entered in the electronic register of the Administration or competent body for its processing.

4. The public administrations must publish and keep updated on the web portal, for informational purposes, the relations of procedures under their jurisdiction, with an indication of the maximum duration of the procedures, as well as the effects that the administrative silence produces.

In any case, the public administrations must inform the interested parties of the maximum period established to resolve the procedures and to notify the acts that bring them to an end, as well as the effects that administrative silence may produce. This mention must be included in the notification or publication of the ex officio initiation agreement, or in the communication that must 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 body competent for its processing. In the latter case, the communication must also indicate the date on which the request was received by the competent body [...]."

Article 31. Calculation of terms in the registers.

"[...] 2. The electronic registration of each Administration or body is governed for the purposes of calculating the deadlines by the official date and time of the electronic access office, which must have the necessary security measures to guarantee -its integrity and must appear in an accessible and visible manner.The operation of the electronic register is governed by the following rules:

[...] c) 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. In any case, the effective date and time of the beginning of the calculation of terms must be communicated to the person who presented the document [...]."

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