Is the file not processed electronically, legally valid?

In accordance with Law 39/2015, of October 1, on the common administrative procedure of public administrations (LPACAP), the administrative file is the ordered set of documents and actions that serve as antecedent and foundation for the administrative resolution, as well as the proceedings aimed at executing it. Likewise, it states that the files must be in electronic format.

On the other hand, regarding the valid form of document issuance by the Public Administrations, the LPACAP clarifies that this must be in writing, and using electronic means.

In the same vein, it is established that administrative acts must be produced in writing through electronic means, unless their nature requires another more appropriate form of expression and record.

Therefore, it seems clear that the LPACAP only contemplates the electronic form as legally valid.

On the other hand, the possibility of considering the non-electronic file as a case of absolute nullity could be the subject of analysis, since the law declares that, among others, decrees are void acts completely and absolutely disregarding the legally established procedure or the rules that contain the essential rules for the formation of the will of the collegiate bodies.

Legal context

Law 39/2015

Article 26. Issuance of documents by public administrations.

"1. Public administrative documents are those validly issued by public administration bodies. Public administrations must issue administrative documents in writing, through electronic means, unless their nature requires another more appropriate form of expression and constancy."

Article 36. Form.

"1. Administrative acts must be produced in writing through electronic means, unless their nature requires another more appropriate form of expression and record."

Article 47. Nullity of full right.

"1. The acts of the public administrations are null and void in the following cases:

e) Dictations totally and absolutely disregarding the legally established procedure or the rules that contain the essential rules for the formation of the will of the collegiate bodies".

Article 70. Administrative file

"1. The administrative file is understood as the ordered set of documents and actions that serve as antecedent and foundation for the administrative resolution, as well as the proceedings aimed at executing it.

2. The files must be in electronic format and must be formed through the orderly aggregation of all the documents, evidence, opinions, reports, agreements, notifications and other proceedings that must integrate them, as well as a numbered index of all the documents it contains when forwarded. Likewise, a certified electronic copy of the adopted resolution must be included in the file."

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