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Administrative Law Lawyers in Barcelona

Vosseler Lawyers, lawyers specialized in Administrative Law.

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This part of the public Law, in charge of regulating the organization and operation of the Public Administration, has acquired an increasing extension and complexity over time due to the evolution of legal relations between the Administration and other subjects, as well as the need to supervise the materially administrative actions of the other powers of the State and other entities in the sector. public. In this way, a legislative corpus has been consolidated whose main purposes are to ensure the effectiveness of the Administrations and guarantee the rights of individuals in their relations with them.

Awards

The Servei Català de Trànsit of the Generalitat has awarded one of its 2015 Road Safety awards to lawyer Daniel Vosseler for his long professional career in this matter.

Barcelona road safety award

Administrative Law Lawyers

Public Administration includes the set of organizations that carry out the administrative and management function of the State and other public entities with legal personality, whether regional or local. As it puts citizens in direct contact with political power, satisfying collective interests immediately, it is an entity present in the daily lives of all citizens. In human relationships there is an unavoidable conflictive component; For this reason, it is inevitable that disagreements or controversies will arise with public entities and it will be necessary to resort to administrative channels to resolve them. In Vosseler Lawyers We will inform you about your rights as a citizen, as well as the responsibilities that the Administration has towards you, so that the management of your claim against the Public Administration is supported by great professionals who are experts in this matter.

Areas of Expertise
  • Sanctioning procedure / fines
  • Patrimonial responsibility of Public Administrations
  • Damage claims
  • Resources
  • Nullity and annulability of administrative acts
  • Falls
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Frequently asked questions

Below you can read the most frequently asked questions about lawyers in Administrative Law.

In what situations can a claim be filed with the public administration?

There is no closed list of situations in which it is possible to file a claim with the public administration. In fact, the cases in which claims can be submitted can be of any type, as long as the following is met:

This must be a case where the public administration has caused harm to a citizen, and there must be a clear cause and effect relationship between the action of the administration and the harm caused to the citizen.

examples of situations that may lead to filing a claim with the public administration are the following: a fall on a public road due to poor maintenance, medical negligence in hospitals or public health centers, or having been in preventive detention and, after criminal proceedings, having been declared innocent.

What requirements must be met to be entitled to compensation?

There are cases in which a claim before the public administration may result in compensation for damages. But, to have right to compensation, the following conditions must be met:

  • The damage or injury to property or rights must be real, not potential.
  • The damage that has been received must be economically quantifiable.
  • The damage must be able to be identified with a person or a specific group of them.
  • The damage must be attributed to the Administration. And, in order to do so, it is necessary to identify which body is responsible for repairing this damage.
  • There must be a clear cause-effect relationship between the administration's action and the damage that has occurred.

How do I claim my right to compensation?

In these cases in which the defendant is a public administration, it is not possible to go directly to court. Before that, it is necessary file a property liability claim. This claim will have to be presented to the administration that we believe caused the damage.

In this claim, it will be necessary to identify the person or persons who suffered the injury, in addition to specifying the damage, its economic evaluation and what cause-effect relationship there is between the public service and the damage.

For all this data to have its effect, it will also be necessary to have evidence and documents about the damage. For example, photographs of the element that caused the damage or the medical report of the injuries.

If you have suffered damage resulting from a malfunction of the public administration, the best way to know exactly the steps to follow is to go to professionals. A good lawyer specialized in administrative law will advise you on the steps to follow, and will be able to help you once the judicial process begins.

What happens if the Administration rejects my claim?

The administration can dismiss the claim in two ways: express or by administrative silence. Dismissal due to administrative silence occurs when the administration does not resolve the claim within 6 months. Both forms of dismissal put an end to the administrative procedure.

If this happens with your claim, there are two possible routes: an optional appeal for reconsideration or a contentious-administrative appeal.

Optional resource for replacement. This must be submitted within one month. Although, in this case, the figure of the lawyer specializing in administrative law is not essential, it is advisable. With the help of a lawyer it will be easier to provide the resource with greater technical solvency.

Sponsored links. This must be filed before the corresponding jurisdiction in each case, and you will have a period of two months to do so. In this case, it will be necessary to appear with a lawyer, for which we recommend that you contact Vosseler Abogados.

If I fall on the street, what aspects can I claim?

If you suffer a fall on public roads, there is a possibility that You can complain to the public administration. To do this, the reason for the fall must be one of the following:

  • The poor condition of the pavement.
  • The detachment of a manhole cover.
  • on the road or sidewalk you were walking on.
  • The road was damaged due to the roots of nearby trees.
  • Signs down.
  • Chests without lid.
  • Detached slabs.

Therefore, if what caused your fall It was some element of the public road that was in poor condition, you can contact us to begin the claim process.

What should I do if I fall on public roads?

When you fall on public roads, you need to be very clear about the procedure to follow. That way, if damage or injuries occur and you want to complain to the administration, you will have everything you need to do so.

The first thing you should do if you have fallen on a public road is to look around you. looking for a witness. This way, if someone witnessed your fall, you can ask them for their information so they can testify if necessary. Of course, if you need help and were alone at the time of your fall, you will also need that person to help you.

Also, now that we all carry a camera in our hands throughout the day, it will be a good idea to make use of it. Take pictures about the reason for your fall: a detached slab, the roots of a tree, a sinkhole...

The next step will be Call the police to ask them to prepare a report of what happened. In that document, they will describe what happened and why you fell. The report will be essential when claiming compensation.

Once the police have done their job, you mustgo to the medical center for a doctor to examine you and determine the injuries and their severity.

In case you are prescribed medication, or have to incur any other type of expense due to the fall (taxi to the medical center, physiotherapy sessions, etc.), save all payment receipts.

The next step will be Get in touch with Vosseler Abogados. Our lawyers specialized in Administrative Law will make the claim and advise you throughout the entire process, until you receive your compensation.

How do I know if I can claim for a fall on a public road?

To know if you can claim for a fall that you have suffered on public roads, the simplest thing to do is go to a specialized lawyer.

Therefore, if you have fallen and do not know if you will be able to claim, contact Vosseler Abogados.

What administrative acts can be appealed?

Not all administrative acts can be appealed. Therefore, it is important that you take into account which ones are susceptible to appeal:

  • The resolutions are appealable as long as it is within the deadline. This period will be 1 month for express acts and at any time for presumed acts.
  • The procedural acts are not appealable, except in few exceptions.
  • The acts that have acquired finality, which means that the period available to appeal has passed, They are not actionable. However, there are exceptions, for which we recommend that you consult with a lawyer specializing in Administrative Law.

Can I appeal an administrative act even if I have not made allegations before in the procedure?

Yes. Administrative acts and resolutions can be appealed through administrative channels, regardless of whether you have previously made allegations or not.

In other words, the fact that you have previously been inactive does not take away your right to file an appeal.

Do I have to pay the amount that the Administration asks of me in the act appealed to be able to appeal?

No. You do not need to pay any amount to be able to appeal, since the possibility of appealing is independent of whether you have paid or not.

However, it is important to keep in mind that filing an appeal does not exempt you from payments, although there are exceptions, such as sanctioning resolutions.

In any case, We recommend that you go to a lawyer specialized in Administrative Law to resolve doubts about your particular case.

What is the deadline to file an appeal?

Must have be very careful with this point since, if the LPAC is read quickly, it can lead to confusion. Deadlines are set in months.

Therefore, it is easy to think that if we have been notified of the contested act on the 3rd of a month, and we have one month to appeal, the deadline would begin to run on the 4th and, therefore, we would have until the 4th of the month. next to appeal.

However, this is not so. If we have been notified on the 3rd, the deadline also ends on the 3rd of the corresponding month.

Sara

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