ADR tools in spanish administrative law

Abstract

Following a long tradition, in the Spanish Administrative Justice System, the administrative activity is usually challenged by administrative appeals before the judicial channel is accessible. Recently, the Spanish legislator has launched an initiative encouraging ADR, embodied in the 2012 Arbitration Act, although it specifically excludes administrative issues from its scope; however, ADRs are theoretically admitted according to the General Procedure Act (1992) as it allows the agreements between Administration and individuals replacing the unilateral decisions that usually the procedures ends on. On the other hand, some regional Acts specifically rule ADRs either on general (Catalonia) or specific (Basque country, environmental) administrative controversies. In general terms, there are no meaningful ADR tools adapted to administrative issues in Spain that would compete against the special administrative appeals—economic, public procurement—which are successful ways of dispute resolution due to the authority and independence of the administrative bodies in charge of such specific complaints.