Resumption of deadlines

1. What does the resumption of the calculation of administrative procedure deadlines suspended due to the declaration of state of alarm entail?

Royal Decree 463/2020, of 14 March,  declaring a state of alarm, established the suspension of the calculation of administrative deadlines as of 15 March. Now Royal Decree 537/2020, of 22 May, extending the state of alarm states that, with effect from 1 June 2020, the calculation of these deadlines shall resumed, or shall be restarted, if so provided for in a legal regulation approved during the state of alarm and its extensions (art. 9). This means that administrative deadlines suspended on 15 March will continue to count from 1 June, or will be reinitiated if so provided in a legal regulation approved during this period.

In addition, with effect from 4 June 2020, the suspension of deadlines for the limitation and expiry of administrative rights and actions will be lifted. (art.10)

2. Which Social Security General Treasury deadlines are affected by this resumption?

The terms and deadlines for collection management procedures will resume on  1 June,  in the  administrative scope and,  from  4  June,  also in  the procedural scope with relevance in insolvency procedures involving the Social Security General Treasury.

The issue of administrative documents will  therefore resume:

  • Debt claims
  • Enforcement orders
  • Attachment proceedings
  • Any other collection process, either voluntary or enforcement.

All deadlines relating to notifications of administrative documents, both telematic and postal, are also resumed or initiated.

The calculation of deadlines for presenting allegations, providing documentation or filing administrative and legal appeals (the latter from the 4th) are also resumed or initiated.

3. Is it necessary to request the resumption of deadlines or will it be applied automatically?

No request is necessary since the resumption of deadlines is automatically applied according to Royal Decree 537/2020 of 22 March.

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