Concept in Definition ABC

The word harmfulness is a term that is linked to Right Spanish (legal system that governs the Kingdom of Spain) and it is there that it holds a special and particular significance, because at the request of the Spanish Law the Declaration of Injury turns out to be a administrative act from which a certain entity administrative considers harmful to the interests of the public good an act that was dictated by itself, but with previously, and that it is favorable to the interested parties who presented a judicial appeal in order to request before the Justice the pertinent annulment of that administrative act in questioning.

Such legal figure is regulated by the Law 30/92, more precisely in the legal regime of public administration and common administrative procedure, title VII, chapter I, revision of job art. 103; specifically, the aforementioned Article states that those acts favorable to the public may be declared harmful to the public interest interested parties that are voidable and their subsequent challenge before the contentious legal order administrative. Meanwhile, the clarification is made that they cannot be considered harmful acts once they have elapsed four years since the act was dictated and will require a prior hearing that will include those interested in the same.

It should be noted that the procedure will expire after six months if a resolution has not been issued since it began, while in 2003, by another law, the 62/2003 The article in question was modified, extending the expiration period from three to six months.