The Supreme Court has confirmed that August is an unworkable month for the calculation of judicial deadlines. This means that the deadlines for claims begin on 1 September, which affects many citizens who receive notifications in summer.
The Supreme Court has ruled that the month of August is not considered workable for the calculation of judicial claim deadlines. According to a recent ruling, the two-month deadline to challenge administrative resolutions notified in August starts counting from 1 September.
The ruling arose from a case involving a self-employed individual who received a notification on 4 August. Although he submitted his appeal on 13 October, the High Court of Justice of the Community of Valencia initially dismissed it as out of time. However, the Supreme Court determined that the deadline was interrupted by the unworkable month, thus allowing the appeal to be accepted.
Lawyer José María Salcedo explains that, although the case relates to Social Security, the resolution has general applicability in other jurisdictions. The ruling highlights the contradiction between the administrative procedure law, which considers August a workable month, and procedural legislation, which classifies it as unworkable.
The Court argues that applying deadlines strictly may violate the right to effective judicial protection, and has ordered the TSJ to review the substance of the matter and not just the admission of the appeal.
Despite this clarification, the ruling does not affect all notifications, as it only applies to resolutions before judicial bodies. In other cases, such as administrative allegations, the deadlines do run in August.
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