In accordance with Law 39/2015, of 1 October, 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 basis for the administrative resolution, as well as the diligences directed to execute it. It also stipulates that the files must be in electronic format.
On the other hand, with regard to the valid form of issuance of documents by 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 by electronic means, unless their nature requires another more appropriate form of expression and constancy.
Therefore, it seems clear that the LPACAP only considers the electronic form as legally valid.
On the other hand, the possibility of considering the non-electronic file as a case of full nullity could be the object of analysis, since the law declares that null acts of full right are, among others, the dictations disregarding completely and absolutely the legally established procedure or the rules that contain the essential rules for the formation of the will of the collegiate bodies.
Article 26. Issuance of documents by public administrations.
Article 47. Nullity in its own right.
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. An administrative file is understood to be the ordered set of documents and actions that serve as the antecedent and basis for the administrative resolution, as well as the diligence aimed at executing it.
2. The files must be in electronic format and must be formed by means of the orderly aggregation of all the documents, evidence, opinions, reports, agreements, notifications and other diligences that must integrate them, as well. as a numbered index of all documents it contains when submitted. The file must also include a certified electronic copy of the resolution adopted. ”