Recurso de alzada (appeal to the higher administrative body)

Recurso de alzada (appeal to the higher administrative body) is filed with Órgano que dictó el acto + Órgano superior jerárquico. With Managora you do it 100% online: you answer a few questions, sign a digital mandato (power of representation) and we draft, sign and file your application for you. Estimated total cost: €29 to €29. Official tasa (government fee): No administrative fees. Filing the appeal is free of charge.

We draft and file your recurso de alzada (appeal to the higher administrative body, Ley 39/2015 LPACAP arts. 121-122) against administrative decisions that do not exhaust the administrative route. Deadline: 1 MONTH from an express notification, or 3 MONTHS where there has been silencio administrativo (deemed refusal by administrative silence). It is decided by the hierarchically superior body within a maximum of 3 months (with silence meaning refusal). Once the alzada is decided, the administrative route is exhausted and the courts are open to you (2 months from an express decision, 6 months where there has been silence, LJCA art. 46). It includes an application to suspend enforcement as an interim measure.

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Estimated total cost: €29 to €29
Managora's fee: €35.09 (21% VAT incl.)
Tasa (official government fee): No administrative fees. Filing the appeal is free of charge. (suplido: paid to the authority on your behalf, no VAT)
Processing time: Deadline for filing: 1 month (express decision) or 3 months (silence). Decision: 3 months.
Where it is filed: Órgano que dictó el acto + Órgano superior jerárquico ↗
What you receive: Application

Cost breakdown: Our fee 29 €. No official fees: filing a recurso de alzada is free of charge..

Recurso de alzada (appeal to the higher administrative body): how is it filed?

1Answer the questions in the chat (around 10 minutes).
2We check the deadline (1 month for an express decision / 3 months where there has been silence): if it has expired, we raise a critical alert and set out the alternative routes.
3Payment of 29 € for our fee.
4Sign the mandate from your mobile.
5We draft the full appeal for you, with the facts, the legal grounds, the relief sought and the documentary evidence.
6If you are applying for suspension: a specific case showing harm that could not be put right.
7Filing online or in person, either with the body that issued the decision or directly with the hierarchically superior body.
8We monitor the 3-month deadline for an express decision. If there is silence: the administrative route is closed off and you can go to the administrative courts (6 months).

Which documents do you need?

•The appellant's DNI / NIE / CIF (identity or tax number).
•A copy of the decision being appealed, together with its notification.
•Documents evidencing authority to act, if a representative is involved.
•Documentary evidence supporting the grounds of appeal.
•If you are applying for suspension: evidence of harm that could not be put right.

Legal basis and things to bear in mind

Legal framework: Ley 39/2015 LPACAP arts. 121-122 plus LJCA arts. 25, 46.
RECURSO DE ALZADA: available against decisions that do NOT exhaust the administrative route. It is decided by the HIERARCHICALLY SUPERIOR BODY. The deadline for filing is 1 month (express decision) or 3 months (silence).
Deadline for DECIDING the appeal: a maximum of 3 MONTHS (art. 122.2 LPACAP). If no decision is notified: SILENCIO NEGATIVO (deemed refusal by administrative silence).
EXHAUSTING THE ADMINISTRATIVE ROUTE: once the recurso de alzada is decided (or there is silence), the administrative route is exhausted. Only the administrative courts remain, or, exceptionally, an extraordinary review appeal.
DEADLINE FOR GOING TO THE ADMINISTRATIVE COURTS (LJCA art. 46): 2 MONTHS from express notification of the decision on the appeal, or 6 MONTHS where there has been silence.
HOW IT DIFFERS from a recurso de reposición (administrative appeal) (arts. 123-124 LPACAP): the reposición is OPTIONAL and lies against decisions that DO exhaust the administrative route. It is decided by the SAME body. The deadline is 1 month.
INTERIM SUSPENSION (art. 117 LPACAP): a recurso de alzada does NOT automatically suspend enforcement. It must be applied for expressly, with evidence of harm that could not be put right.
Natural connections: recurso_multa_dgt (the specific appeal for traffic matters), reclamacion_aeat (the economic-administrative route with the AEAT) / if the matter goes to court.
After the alzada: if it is refused, you can go to the administrative courts (the Juzgado Contencioso or the TSJ, depending on the amount at stake).

Recurso de alzada (appeal to the higher administrative body): frequently asked questions

Recurso de alzada (appeal to the higher administrative body): how much does it cost?

The estimated total cost (our fee + official tasas and taxes) is €29 to €29: Our fee 29 €. No official fees: filing a recurso de alzada is free of charge.. Managora's fee is €35.09, 21% VAT included (€29.00 net + €6.09 VAT). The official tasa charged by the authority (a suplido paid on your behalf, no VAT) is: No administrative fees. Filing the appeal is free of charge..

Recurso de alzada (appeal to the higher administrative body): how long does it take?

Deadline for filing: 1 month (express decision) or 3 months (silence). Decision: 3 months.

Recurso de alzada (appeal to the higher administrative body): which documents do I need?

You need to have to hand: The appellant's DNI / NIE / CIF (identity or tax number)., A copy of the decision being appealed, together with its notification., Documents evidencing authority to act, if a representative is involved., Documentary evidence supporting the grounds of appeal., If you are applying for suspension: evidence of harm that could not be put right.. You do not upload them here: we collect the details through the guided chat.

Who files the procedure?

Managora files it in your name with Órgano que dictó el acto + Órgano superior jerárquico. You only provide the details through the chat and sign a mandato (power of representation); we prepare, sign and register it.

Can it be done online?

Yes. The whole process is online: you answer a few questions in the guided chat, sign a simple mandato on screen and receive the receipt and the official documents by email, with full legal validity.

Related procedures

Based on the legislation in force and on the official site of the competent authority: Órgano que dictó el acto + Órgano superior jerárquico ↗.

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