In Spain, the law is strictly and literally interpreted. In the Spanish system, general principles such as fairness or principles of good governance often do not exists or are limited in application.
That means that the Spanish legal system has less “safety valves” in cases of an obvious “unjust” result in a court procedure. An example of when a safety valve should be used, is when the application of a legal provision leads to a flagrantly unjust result.
In case of general principles of good governance, safety valves allow for an “extra control” over the administration. In all countries the administration “applies” rules to its citizens, how they should act and behave in order to pursue their interest in economic life. Unfortunately, that same administration completely forgets about these rules when they are to be applied to itself, for instance, as player of the economic life. This is certainly the case in Spain.
A missed chance to remedy unlawful acts of the Spanish administration will not easily happen again.
De Haan & Mulder are familiar with the way the various bodies and agents of the Spanish administration operate. “Forewarned is forearmed” one could say here, because legal battles against Spanish administration differ from those against private parties.
We do not only want to prevent you from getting into trouble and to help you solve problems, we also want to help you to get the right “mindset” for working with the Spanish administration.
What should I or should I not expect from the Spanish administration? We want to help you see the differences between how things work in your country and how they are organised in Spain. That is what we are here for.