THE LIFTING OF THE SUSPENSION OF THE PROCEDURAL, ADMINISTRATIVE DEADLINES AND OF THE EXPIRATION AND LIMITATION OF THE ACTIONS AND RIGHTS: practical issues
The procedural and administrative deadlines, as well as those for expiration and prescription of rights and actions, were suspended through the second, third and fourth additional provisions of Royal Decree 463/2020, of March 14, declaring the state of alarm for the management of the health crisis of COVID-19.
This past Tuesday, May 19, The Council of Ministers has approved an agreement that provides for the lifting of the aforementioned suspension, which must be done by repealing the aforementioned additional provisions.
The lifting of the suspension of the procedural deadlines.
The agreement approved by the Council of Ministers provides for the Increase in the procedural deadlines as of June 4, 2020.
On that date, and in accordance with the provisions of Royal Decree 16/2020, of April 28, The procedural deadlines will be re-computed from the beginning, with the first day of computation being the next business day, that is, June 5, 2020.
In addition, the deadlines for the announcement, preparation, formalization and filing of appeals against judgments and other resolutions that put an end to the procedure and that are notified during the suspension of deadlines
established in Royal Decree 463/2020, of March 14, as well as those that are notified within the following twenty business days
the lifting of the suspension of the suspended procedural terms, will be extended for a period equal to that provided.
The lifting of the suspension of administrative terms.
The agreement approved by the Council of Ministers provides for the increase in administrative deadlines as of June 1
of 2020. This section refers only to administrative proceedings, not to legal challenges before the contentious-administrative jurisdiction.
The agreement provides that “the calculation of the deadlines is resumed or, where appropriate, restarted from that same date”.
However, if no standard is approved in this regard, We must comply with the provisions of Royal Decree 463/2020, and interpret that the administrative deadlines are resumed with the rise, thus taking into account in the computation the period elapsed prior to the date of suspension..
The lifting of the suspension of the (material) expiration and prescription periods of the shares and rights.
The agreement approved by the Council of Ministers provides for the Increase of the expiration and prescription periods of the shares and rights as of June 4, 2020.
The agreement of the Council of Ministers has not ruled on the possible reinitiation of the terms of material law, so it can be understood that, in this case, there will be a restart and not a restart of the same.
Therefore, expiration and prescription periods must be computed taking into account the period already elapsed prior to the date of suspension.
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