Since October 2, 2016, the legal framework applicable to e-TAULER is Law 39/2015, of October 1, on the common administrative procedure of public administrations (hereinafter, LPACAP or Law 39/2015) in as much as basic legislation, as well as Law 26/2010, of August 3, on the legal regime and procedure of the Public Administrations of Catalonia , only in that which does not oppose or contradict the LPACAP.
The deadline of one year that ended on October 2, 2017 was made available in order to adjust the administrative procedure regulations that contradict the provisions of Law 39/2015. While the corresponding rules were not adapted, the precepts that were contradictory to Law 39/2015 were displaced and therefore did not apply. After the regulatory adjustment period, the contradictory precepts with the new Law were tacitly repealed.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board, as of October 2, 2016, Law 30/1992, Law 11/2007 and some articles of the Regulations that develop it were repealed.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, the impact of the new Law 39/2015 on both the publication of notification edicts and the publication of administrative acts must be taken into account in the following terms:
1. Publication of unsuccessful notifications : as specified by the LPACAP in its article 44, the mandatory means of publication of notification edicts is the Single Edictal Board of the BOE, being the other forms of publication, including that of the edictal board, optional and complementary and therefore not a 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 their provisions. Consequently, the publication in the corresponding newspapers of the administrative acts that by legal or regulatory provision had to be published on the notice board or edicts, will continue to be the legally enabled means to replace the publication on the board (physical and/or electronic ). In this matter, the LPACAP (art. 45) and Law 26/2010 (art. 58.3) are applicable. In other words, although publication on the notice board or edicts may be required by law or regulation, publication in an official newspaper will be sufficient to consider the obligation fulfilled.
