Since 2 October 2016, the legal framework applicable to the e-BOARD is Law 39/2015, of 1 October, on the common administrative procedure of Public Administrations (hereinafter, LPACAP or Law 39/2015 ) as basic legislation, as well as Law 26/2010, of 3 August, on the legal and procedural regime of the Public Administrations of Catalonia , only in what does not oppose or contradict the LPACAP.
The one-year period ending on October 2, 2017 was available in order to adapt the administrative procedure regulations that contradict the provisions of Law 39/2015. While the corresponding rules were not adapted, the precepts that were in contradiction with Law 39/2015 were displaced and therefore did not apply. After the regulatory compliance period, the precepts that contradicted the new law were tacitly repealed.
With regard to the electronic board, as of October 2, 2016, Law 30/1992, Law 11/2007 and some articles of the Regulations that develop it were repealed.
In this context, it is broadly necessary to take into account the impact of the new Law 39/2015 both on the publication of edicts of notification and on the publication of administrative acts which takes place in the following terms:
1. Publication of unsuccessful notifications : as required by the LPACAP in its article 44, the mandatory means of publication of notification edicts is the Unified Edict Board of the BOE, being the other forms of publication, including that of the edict board, optional and complementary and therefore not substitute for its publication in the BOE.
2. Publication of administrative acts : in this case, both the LPACAP and Law 26/2010 are applicable, as there is no contradiction between its provisions. Consequently, the publication in the corresponding newspapers of the administrative acts that by legal or regulatory provision should be published on the bulletin board or edicts, will continue to be the legally authorized means to replace the publication on the board (physical and / or electronic ). The LPACAP (art. 45) and Law 26/2010 (art. 58.3) are applicable in this matter. That is to say, although publication on the bulletin board or edicts may be required by law or regulation, publication in an official newspaper will be sufficient to consider the obligation fulfilled.
