In Gipuzkoa, the mandatory prior appointment has no legal backing.

So it turns out that the mandatory prior appointment to be served in the public administrations of Gipuzkoa has no legal backing. That is what several consulted lawyers say. They believe that the measure — introduced during the pandemic — has been perpetuated without a law-level norm to justify it. For them, it is an illegal obstacle that turns the administration into a bunker. And not without reason.

The problem is especially noticeable in central government offices. Getting an appointment at the Traffic Department or Social Security can take you months. And at Immigration, don't get me started: foreigners suffer delays that complicate their residence or work procedures. Experts recall that the Common Administrative Procedure Law does not contemplate prior appointment as a mandatory requirement. So now you know.

The Ararteko — the Basque ombudsman — has stepped forward. He analyzed the case of a citizen who was denied entry to the Llodio Tax Office without an appointment, and asked the Provincial Council of Álava to eliminate the mandatory requirement. In his resolution, he points out that the measure is not supported by the general interest and clashes with the right to good administration. In other words, they cannot just close the door on you like that.

The Gipuzkoan lawyers have prepared a model document for those affected to file complaints and, if necessary, go to court. They argue that the prior appointment violates the Constitution and the Civil Code. They recall that the Administration must serve the citizen, not the other way around. So if you have problems accessing an office, file a written complaint. You have been warned.

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