What is the ex officio review of administrative acts?

The ex officio review, basically, is that ace under the sleeve that public administrations have to reach their own decisions when they realize that they have pifted it. And the best (or worse, depends on where you get) is that nobody is needed. If the administration detects a leg, you can act at your own risk. This is especially juicy in the world of public tenders, because here any error can put upside down contracts that already seemed closed and tied.

The ex officio review also calls for administrative review, which sounds more serious, but in the end it is the same: the administration correcting itself because the law sends it. If an administrative act does not fit the regulations, it is time to fix it, although it has already caused effects and people go with acquired rights and expectations and all that roll.

For example, in a tender, if someone leaves the pot and does not respect the basic principles - as transparency, equality, those beautiful things that are then skipped - because the awarding of the contract can end up reviewed ex officio. Come on, if they catch some fat irregularity, the thing can come down at any time.

All this is in article 102 of Law 39/2015. The law says that they can only make an ex officio hand to acts that are void full or if there is any calculation or in fact error. Nothing to get rid of things because yes, huh.

Eye, that it is not the same to declare an act (which is like erase from the map, as if it had never existed) than correcting a simple error (which only affects from now on and does not annoy those who acted in good faith). It is not going to be that you confuse churras with merinas.

For companies that want to catch a public contract, this is vital. You have to be at the parrot and comply with the law to Rajatabla, not only to win the contract, but so that they do not lie for you for an ex officio review. And if you want to lite you with a review, you better be prepared to defend what is yours. That nobody gives anything away.

In summary: the ex officio review is the mechanism so that the administration does not pass the law through the lining and corrects its own disasters. If you are going to participate in tenders, you better know this topic and have it controlled, or then do not say that they did not warn you.