The right to appeal, in the abstract, is not part of the right to effective judicial protection (article 24 CE), with the exception of criminal proceedings, in which the right to appeal always forms part of the right to effective judicial protection. In other jurisdictions, if the legislator provides for a particular appeal, the refusal of the courts to grant it does constitute a violation of article 24 CE, as the Constitutional Court has ruled in numerous judgments, including, among others, SSTC 173/1999 of 27 September, 213/1999 of 29 November, 63/2000 of 13 March.
Competence
Regarding the admission and resolution of procedural appeals: they job seekers database are filed before the same jurisdictional body that issued the contested decision, known as the "judge a quo". As for the jurisdiction to resolve the appeal, it is known as the " judge ad quem ". The judge ad quem may be either the same body that issued the contested decision, or it may be the hierarchical superior.
Classification of procedural resources
Devolutionary and non-devolutionary appeals : the former are those properly known as APPEALS and have a devolutionary effect, that is, the appeal is resolved by the higher body of the one that issued the resolution being appealed. On the other hand, non-devolutionary appeals are those resolved by the body that issued the resolution being appealed.
Ordinary and extraordinary appeals: ordinary appeals are those in which it is not necessary to specify the reason for the appeal, it is enough to allege the harm caused to the appellant by the contested decision. In extraordinary appeals there are specific, fixed reasons and they must be specified in order to give rise to the appeal. It is essential that these causes or reasons are admitted by law.
Effects
Devolutionary effect: if the means of appeal is resolved by a higher court and different from the one that issued the contested resolution, this effect will occur.
Suspensive effect: means that the contested decision will be suspended until it is resolved. The general criterion is that the contested decision will have all its effects, the exception being the suspension until the resolution of the appeal.
Term
The deadline depends on the type of appeal; there is no one deadline that is the same for everyone. If this requirement is not met and the appeal is lodged after the deadline, the appeal is inadmissible and the decision that was intended to be appealed becomes final.
As regards the calculation of the period, as a general rule, article 448.2 LEC indicates that the periods will be counted from the day following the notification of the resolution that is intended to be appealed.