Legal Advisory Commission

Mandatory consultations:

-The requests of the Administration of the Community of Madrid will be formulated by the Presidency of the Community of Madrid, the Governing Council or any of its members.

-Requests from autonomous bodies and public law entities will be made by the head of the Ministry to which the body or entity is attached.

-The requests of the Local Entities will be made by the mayors-presidents of the same.

-Applications from public universities will be formulated by the rectors.

Optional inquiries:

-The Governing Council of the Community of Madrid or its Presidency may seek the opinion of the Legal Advisory Commission on those matters that require it due to their special significance or impact.

-The requests for an opinion signed by the Presidency of the Community of Madrid, the secretary of the Governing Council or any of the directors, will be sent directly to the Legal Advisory Commission.

-The applications signed by the mayors-presidents of the local corporations will be processed through the competent adviser in relations with the Local Administration, who will send the application to the Legal Advisory Commission.

-Applications signed by the rectors of public universities in Madrid will be processed through the competent counselor for universities, who will send the file to the Legal Advisory Commission.

-The lack of signature of the application by the competent body will motivate the inadmissibility of the application with the return of the documentation sent to the Legal Advisory Commission.

-Any request for an opinion that is sent directly to the Legal Advisory Commission, without having been processed by the competent body of the Community of Madrid, will justify the inadmissibility of the request with the return of the documentation sent to the Legal Advisory Commission to the competent body for your referral.

-Until the signed request for an opinion is registered and processed through the competent body in the Legal Advisory Commission, the calculation of the term for the issuance of an opinion will not begin.

-The request for a mandatory opinion can only be made once the resolution proposal has been adopted and before the decision of the corresponding Administration.

-Any request for a mandatory ruling that does not contain a resolution proposal, insofar as it does not allow knowing what the applicant's will is in the matter submitted for consultation, may be inadmissible.

-All the documentation corresponding to the question raised must be attached to the request for an opinion, which will be sent in an orderly manner and with a numbered index of the documents. The documentation must be complete for the understanding and analysis of the question raised, and ordered to facilitate its handling and study.

-The submitted documentation must be understandable and legible, in case of submitting photocopies, graphic representations, technical or translated documentation when it is in non-official languages ​​and unquestionable as to its authenticity and official nature, without the need for collation or express authentication by the Secretary, or any other officer of the corporation.

-The documentation can be sent in digital format or in any other way that, complying with the above characteristics, allows it to be read and handled with technically simple and usual procedures in office uses. In this case, the corresponding certification will be attached stating that the content included in the digital format corresponds to the original documents held by that Administration and that make up the corresponding file, as well as any other relevant information in this regard.

-At any time, before the issuance of the opinion, the requesting authority may directly address the President of the Legal Advisory Commission, renouncing the request for a report.

-If the Legal Advisory Commission considers the documentation received insufficient, it may, by means of a letter from its secretary addressed directly to the consulting authority, request that it be completed with as many background information and reports as it deems pertinent, which will mean the suspension of the term to issue an opinion, in accordance with article 19.2 of the ROFJCA^[1].

-The requested documentation must be sent by the consulting authority directly to the Legal Advisory Commission.

-If six months have elapsed since the request for additional documentation by the Legal Advisory Commission, the requested documentation has not been received, the request for an opinion will be understood to have been withdrawn and it will be filed and the file will be returned, without prejudice to the fact that a Once the file is completed, a new query can be made.

[1] Regulation of Organization and Operation of the Legal Advisory Commission of the Community of Madrid, approved by Decree 5/2016, of January 19

-As a general rule, opinions will be issued within a period of thirty business days from the time the request for an opinion is registered with the Legal Advisory Commission.

-For reasons of urgency, which must be justified in the request for an opinion by the consulting authority, the deadline for issuing the opinion will be fifteen business days.

-Within fifteen days, from receipt of the opinion, the consulting authority will notify the Legal Advisory Commission of the adoption or publication of the resolution consulted, in which it will be stated whether it is in accordance with the opinion of the Commission or deviates from it. the.

-In procedures initiated ex officio by the Administration, the procedure will expire if within 6 months (in the case of ex officio review procedures of administrative acts and general provisions – ex. article 106.5 of Law 39/2015, of 1 of October, of Common Administrative Procedure of the Public Administrations-) or 8 months (in the event of contractual resolution procedures -ex. article 212.8 of Law 9/2017, of November 8, of Public Sector Contracts-, interpretation and modification of contracts) no resolution has been issued.

-However, this period may be suspended for the time between the request for an opinion and its receipt.

-In order for said suspension to take effect, the interested parties must be notified of both the request for an opinion from the Legal Advisory Commission and its receipt.

-In the event that the suspension of the term to resolve is agreed, the aforementioned communication must be sent to the Legal Advisory Commission, with the file, to the interested parties.

-This period of suspension may not exceed three months in any case.

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