Recurso
A recurso is a formal administrative appeal filed against a decision made by a Spanish government body. When an authority denies your application, issues an unfavourable tax assessment, or fails to respond within the legal deadline (silencio administrativo negativo), filing a recurso is your primary tool to challenge the decision without going to court.
Recurso de alzada
A recurso de alzada is filed when the original decision was made by a lower level body and a higher authority exists within the same institution. You appeal to the hierarchical superior. The deadline is one month from the notification of the decision, or three months if the decision is based on negative silence. This type of recurso is common in immigration matters, where the Oficina de Extranjería makes the initial decision.
Recurso de reposición
A recurso de reposición is filed before the same authority that made the original decision. It is optional. You can choose to file it before going to court, but you are not required to. The deadline is also one month. This type is common in tax matters, where you challenge an AEAT assessment before the same office that issued it.
When to consider filing
You should consider a recurso when you believe the decision is factually wrong (missing documents were not considered), legally wrong (the regulation was misapplied), or procedurally wrong (deadlines were not respected by the authority). A recurso costs nothing to file. You do not need a lawyer for administrative appeals, although complex cases benefit from professional guidance. If the recurso is unsuccessful, the next step is a contencioso administrativo (administrative court proceeding), which does require legal representation.
Deadlines matter
Missing the recurso deadline means losing your right to challenge the decision administratively. The deadline is strict: one month from the date you were notified, or three months from the expiry of the response period if silence applies. Mark the date the moment you receive any official notification.
