In short: from 12 June 2026, an administrative review (recurso de reposición) in international protection proceedings does not interrupt the European deadline to appeal to the courts. You can go directly to the administrative courts without first exhausting the administrative review route; if you wait for the review to be resolved without also filing a judicial appeal within the European deadline, you may lose your right to effective judicial protection.
This card describes exclusively what is established by the Instruction of 11 June 2026 from the Under-Secretary of the Interior — BOE-A-2026-12856.
Why this changes: EU Regulations 2024/1348 and 2024/1351 set specific deadlines for judicial appeals running from the date of notification of the administrative decision, in compliance with Article 47 of the EU Charter of Fundamental Rights (right to an effective remedy). The national administrative review (recurso de reposición) has a one-month resolution period; in accelerated and border procedures, that would exhaust the European deadline to go to court.
Judicial deadlines (European Regulations, from notification of the decision):
- Between 5 and 10 days, or between 2 weeks and 1 month: for decisions on applications for international protection.
- Between 1 and 3 weeks: for transfers between Member States (Regulation 2024/1351).
These deadlines are not interrupted by filing an administrative review.
What this means for applicants:
- Direct access to courts: you can file a judicial appeal without first exhausting the administrative review.
- The judicial deadline runs from notification: not from when the administrative review is (or is not) resolved.
- Filing only an administrative review without also appealing to court within the European deadline = loss of the right to judicial review if the deadline expires.
- Information in the decision notice: the Instruction requires that administrative decisions include clear information on available procedures and applicable deadlines.
Applications submitted before 12 June 2026: Article 79.3 of Regulation 2024/1348 may apply to ongoing situations; the Instruction does not detail a specific transitional arrangement for these cases.
Official source: Instruction of 11 June 2026, BOE-A-2026-12856. See also the procedural card: asilo-procedimientos-reglamentos-ue-2024.
Informational only; deadlines are critical — seek legal assistance immediately upon any international protection refusal. Check the official source and a professional for your specific case.