Is the intervention of a lawyer and attorney mandatory in administrative liti...

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The ability to validly carry out procedural acts is what we call postulation. Generally this ability is denied to citizens except for certain procedures. In the rest of the situations, they must carry out the actions through a lawyer and/or a solicitor . On the one hand, the intervention of the lawyer and the attorney in contentious-administrative proceedings is regulated in articles and of Law /, of July , regulating the Contentious-Administrative Jurisdiction (hereinafter, the LJCA). . On the other hand, in the case of the Public Administration, the previous regulation must be completed with the provisions of article of Organic Law /, of July , of the Judiciary (hereinafter, the LOPJ). II. The intervention of a lawyer and attorney in administrative litigation To determine whether the intervention of representation in contentious-administrative proceedings should be conferred on a lawyer and a solicitor , the LJCA provides that it is important to differentiate the body that will carry out the procedure. Thus, first of all, if we are dealing with single-person bodies , the parties have the possibility of conferring their representation on a solicitor , but they must be assisted, in any case, by a lawyer .

In the jurisdictional order that applies to us, the single-person bodies are the Contentious-Administrative Courts and the Central Courts of Contentious-Administrative Matters. In those cases in which the parties decide that they are not going to grant representation to the attorney , the lawyer assumes not only the defense but also the Cell Phone Number List representation, and this circumstance must be stated. Consequently, he will be the one who will be notified of all actions. (Ruling of the Contentious-Administrative Chamber of the Supreme Court of October , ). Secondly, when the procedure must be heard by collegiate bodies , the parties are obliged to confer their representation and defense to a solicitor and lawyer , respectively. The collegiate bodies in the contentious-administrative order are the Superior Courts of Justice, the National Court and the Supreme Court. The main difference between the application in contentious-administrative proceedings before single-person bodies and collegiate bodies is that, in the former, granting representation to the attorney is optional, while, in the case of collegiate bodies, it is mandatory . As far as the lawyer is concerned, in the contentious-administrative order it is mandatory in both cases.



How should representation be granted to the lawyer in administrative litigation? As we explained previously, the lawyer cannot represent the interests of his client if that power has not been expressly conferred on him. The regime included in the LJCA does not indicate distinctions based on the person or act challenged before the Courts, but rather it is a common regime, in which representation before single-person bodies may be conferred on a lawyer , who will be the person to which the actions are notified. For this reason, we understand that there is no impediment for representation before the Courts to be granted to the same lawyer who provides legal assistance in the matter. However, the above does not mean that representation, when the party has not appointed a solicitor in administrative litigation , is automatically conferred on the lawyer. The jurisdictional body must require that such granting be recorded in the process through the different ways accepted by law: (i) either through the power of attorney or (ii) through power of attorney apud minutes before the Legal Administration of Justice of the body. jurisdiction competent to hear the matter. If this does not happen, the Lawyer of the Administration of Justice must require the party to proceed with the correction within a period of days, as provided in article of the LJCA, with notice of archiving of the actions, which must be ordered if the defect has not been corrected after the period has elapsed.