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Those documents provided for in article of the LJCA, which are, succinctly: Those that prove the representation of the plaintiff. His legitimation. The copy of the act that is challenged and, If it is a legal entity, those that prove the requirements demanded by its statutes to be able to start the procedure. Documents relating to the substance of the matter may only be added subsequently to the document of claim when we are in a case provided for in article of Law /, of January , on Civil Procedure (LEC). The claim for the abbreviated contentious-administrative procedure must contain a separate account of facts, foundations and claims. This is because the document of claim is the fundamental piece since it contains the entire foundation of the procedure. SAW. The processing of the abbreviated contentious-administrative procedure After the filing of the claim, the Lawyer of the Administration of Justice will proceed to examine the jurisdiction and competence of the Court.
Therefore, if you notice defects in it, you must send it to the Court so that it can decide whether it is admitted or not. On the one hand, if the inadmissibility is declared, it will be done by means of a judicial order against which only the filing of the appeal is possible (article of the LJCA). On the other hand, admission will be agreed upon by means of an Cell Phone Number List ordering procedure by the Attorney of the Administration of Justice, who, in turn, will proceed to transfer the claim to the other parties, summoning them to hold the oral hearing. Likewise, it will order the defendant Administration to send the corresponding administrative file days in advance of the notification. If the plaintiff requests in his complaint that the appeal be resolved without receipt of evidence or hearing, the Lawyer of the Administration of Justice will forward the complaint to the other parties so that, within a period of days, they can present the response to the same and request that the hearing be held within the first days of the deadline.
In the event that the defendant requests the hearing, the Lawyer of the Administration of Justice will proceed to summon it as established in the previous paragraph. Otherwise, the lawsuit will be declared terminated without further formalities, once the response to the lawsuit has been presented, unless the Judge ex officio agrees to receive evidence. We observe, therefore, that the processing of the abbreviated contentious-administrative procedure, substantially written, without hearing or evidence when both parties so request, could be understood as a “very abbreviated ” procedure. VII. The submission of the administrative file In the abbreviated contentious-administrative procedure , the defendant Public Administration proceeds to forward the administrative file when it appears, once the filing of the claim has been admitted. The deadline for its submission, as already anticipated, is up to days before the hearing is held, thus allowing the plaintiff to study it and prepare the allegations. VIII. The hearing of the abbreviated contentious-administrative procedure According to of the LJCA, the parties must appear at the hearing, and if the plaintiff does not do so, it is understood that he has withdrawn, with his corresponding order in costs. However, if it is the defendant who does not appear, this will also be held in his absence.
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发表于 2024-3-10 12:50:22