In Spain, the recognition of a foreign degree is a fundamental step to practice certain regulated professions or access civil service examinations. However, it is not uncommon to receive a denial resolution or, what is more frustrating, to receive no response at all from the Ministry after months (or years) of waiting.
In these situations, the contentious-administrative appeal becomes the most effective legal tool to expedite the recognition resolution or reverse an unjustified denial. Far from being a complex appeal, it is the appropriate path when administrative channels are exhausted or silence becomes an unfair barrier.
When to file a contentious-administrative appeal?
The contentious-administrative appeal can be filed in two very specific cases:
- Express denial by the Ministry of Universities (usually motivated by a lack of educational or documentary equivalency).
- Negative administrative silence, that is, when the legal resolution period (usually 6 months) has passed and no official notification has been received.
In both cases, the Spanish legal system allows interested parties to appeal to the contentious-administrative jurisdiction.
Frequent reasons for recognition denials
Among the most common causes for a recognition denial, we find:
- Allegation of lack of educational equivalency with the Spanish degree.
- Omission or rejection of professional internships not documented or officially accredited.
- Incomplete or improperly legalized documentation.
- Regulatory mismatch with respect to the legislation of the country of origin.
Many of these reasons can be refuted in court with the proper reports and a well-constructed legal strategy.
Legal deadlines for filing the appeal
- Express resolution: 2 months from its notification.
- Administrative silence: 6 months from the filing of the application without an official response.
Meeting these deadlines is key for the appeal to be admitted by the court.
Requirements for filing the contentious appeal
- Copy of the denial resolution or, failing that, proof of the application’s submission.
- Complete file submitted through administrative channels.
- Well-founded legal arguments.
- Legal representation by an attorney and a procurator.
Phases of the judicial procedure
- Filing the appeal before the contentious-administrative court.
- Submission of the administrative file by the Ministry.
- Filing the complaint, alleging the legal and technical reasons why recognition is requested.
- Admissibility of evidence (expert reports, documents, case law).
- Oral hearing (in some cases).
- Judgment.
Is it mandatory to hire an attorney and a procurator?
Yes. The contentious-administrative appeal mandatorily requires the intervention of a licensed attorney and a procurator of the courts, except in small claims cases, which is uncommon in this matter.
At Lexmovea, we have a team of lawyers specialized in Administrative and Immigration Law who have successfully handled dozens of appeals in this field.
Real chances of success
The courts have recognized in numerous rulings the existence of:
- Arbitrary decisions by the Ministry.
- Disproportionate application of requirements.
- Unfounded denials when substantial equivalency existed.
With a good legal approach and an expert report if necessary, the probabilities of success are high.
What happens if the appeal is won?
- The Ministry will be obligated to issue a favorable recognition resolution.
- It can be requested that said resolution have retroactive effect from the application date.
- In some cases, if patrimonial damage is proven, compensation for damages could be claimed.
And if it is lost? Is there an appeal route?
Yes. The first-instance judgment can be appealed to the corresponding High Court of Justice.
Furthermore, it is possible to restart the procedure if new documentation is provided or the circumstances change.
This appeal is the legal way to “expedite” the recognition
Many applicants live a true ordeal of waiting and uncertainty. A lack of response from the Ministry does not mean the file is blocked forever. Quite the contrary:
The contentious-administrative appeal is the legal tool to unblock and expedite the resolution of your recognition.
Filing the appeal forces the Ministry to submit the file and justify its silence or denial. And in many cases, the mere filing of the appeal leads to an immediate favorable resolution even before a judgment is issued.
Lexmovea: your specialized legal team
At Lexmovea, we are lawyers specialized in:
- Foreign degree recognition.
- Contentious-administrative appeals.
- Comprehensive legal defense.
We accompany you throughout the entire procedure, from the file analysis to the judgment. We explain the real options, the cost of the procedure, the deadlines, and possible complementary routes.
Frequently Asked Questions (FAQ)
- How long does a contentious appeal for recognition take? Between 6 and 18 months, depending on the court. In many cases, it is resolved sooner through an out-of-court resolution.
- Can I stay in Spain while the appeal is being resolved? Yes, if you have a stay or residence permit. The appeal does not harm your immigration status.
- Is the contentious appeal expensive? At Lexmovea, we offer flat fees adapted to each case. The first consultation is deductible from the final price.
- Can I claim damages if we win? In some cases, yes, especially if demonstrable financial or professional harm is proven.
Contact Lexmovea and defend your degree
Don’t let an unfair resolution or administrative silence frustrate your professional career. Trust a law firm with experience and commitment.
Our team of lawyers is ready to help you regain control of your professional future in Spain.