Los plazos procesales y administrativos, así como los de caducidad y prescripción de los derechos y acciones, fueron suspendidos mediante las disposiciones adicionales segunda, tercera y cuarta del Real Decreto 463/2020, de 14 de marzo, por el que se declaró el estado de alarma para la gestión de la crisis sanitaria del COVID-19.
Per Niebes Rabassó Lawyer and Head of the Department of Labor Law
This past Tuesday, May 19,The Council of Ministers has approved an agreement that provides for the lifting of the aforementioned suspension, which must be done by repealing the aforementioned additional provisions.
The lifting of the suspension of the procedural deadlines.
The agreement approved by the Council of Ministers provides forIncrease in the procedural deadlines as of June 4, 2020.
On that date, and in accordance with the provisions of Royal Decree 16/2020, of April 28,The procedural deadlines will be re-computed from the beginning, with the first day of computation being the next business day, that is, June 5, 2020.
In addition,the terms for the announcement, preparation, formalization and filing of appeals against judgments and other resolutions that put an end to the procedure and that are notified during the suspension of termsestablished in Royal Decree 463/2020, of March 14,as well as those that are notified within the following twenty business daysthe lifting of the suspension of the suspended procedural terms,will be extended for a period equal to that provided.
The lifting of the suspension of administrative terms.
The agreement approved by the Council of Ministers provides forincrease in administrative deadlines as of June 1of 2020. This section refers only to administrative proceedings, not to judicial challenges before the contentious-administrative jurisdiction.
The agreement provides that "the calculation of the terms be resumed or, where appropriate, be restarted from that same date."
However, if no standard is approved in this regard,We must comply with what is established in Royal Decree 463/2020, and interpret that the administrative deadlines are resumed with the rise, therefore the period elapsed prior to the date of suspension must be taken into account in the computation..
The lifting of the suspension of the (material) expiration and prescription periods of the shares and rights.
The agreement approved by the Council of Ministers provides for theIncrease of the expiration and prescription periods of the shares and rights as of next June 4, 2020.
The agreement of the Council of Ministers has not ruled on the possible reinitiation of the terms of material law, so it can be understood that, in this case,there will be a restart and not a restart of the same.
Therefore,expiration and prescription periods must be computed taking into account the period already elapsed prior to the date of suspension.
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