Ex officio review procedure initiated by the interested party
Posted: Sun Dec 22, 2024 10:27 am
Article 21 of Law 39/2015 , of October 1, on the common administrative procedure regulates the obligation of the Administration to resolve and notify in all procedures. What happens if the Administration does not resolve? We are faced with the figure of administrative silence . This absence of an express resolution by the Administration can be considered as upheld ( positive silence ) or rejected ( negative silence ).
Concept
Administrative silence occurs when the legal system attributes legal taiwan business mailing list consequences to the lack of an express resolution, within the deadline, by the Administration. It is included in articles 24 and 25 of Law 39/2015, of October 1.
The purpose of this legal figure is, on the one hand, to safeguard the rights and interests of those who make unresolved requests, claims or appeals and, on the other, in the interest of administrative speed or efficiency .
Types of administrative silence
Negative silence : it is presumed that the Administration denies the request, appeal or claim filed by the interested party.
Positive silence : since the Administration has not been diligent and has not resolved and notified within the time limit, this silence becomes a positive act. That is, it is in favour of our claims.
If the procedure was initiated ex officio, the effects of silence will be different from those of procedures that are initiated at the request of a party.
Procedures initiated at the request of the interested party
Article 24 of Law 39/2015, of October 1. In those procedures initiated at the request of the interested party, the lack of an express resolution by the Administration gives rise to administrative silence.
The general rule is that such silence has a positive effect. We are therefore talking about positive silence . But like every general rule, there are exceptions and silence will have a negative effect. Negative silence will occur in the following cases:
When a rule establishes the contrary , that is, when a rule with the rank of law or a rule of European Union Law or international law applicable in Spain indicates that the lack of an express resolution has dismissive effects.
The object of the procedure is access to activities or their exercise
Procedures relating to the exercise of the right to petition ( Article 29 of the Constitution )
Those whose consequences transfer to the applicant or to third parties powers related to the public domain or public service ; imply the exercise of activities that may damage the Environment and in the procedures of patrimonial responsibility .
Procedures for challenging acts or provisions
What effects does the lack of a resolution have if an appeal is filed against administrative silence? It will have favorable effects , unless it refers to the previous cases in which case it would be negative silence.
Nature and effects of administrative silence :
The estimation of silence is an administrative act that ends the administrative procedure.
The dismissal has the sole effect of allowing the interested parties to file an administrative or contentious-administrative appeal.
What happens if the Administration issues an express resolution a posteriori ?
In cases of positive silence , only and exclusively, the Administration may issue an act confirming the silence.
If the silence is negative , the resolution issued by the Administration has no connection with the meaning of the silence.
Procedures initiated ex officio
Included in article 25 of Law 39/2015 , of October 1. The expiration of the deadline does not exempt the Administration from compliance with the legal obligation to resolve .
What are the effects ?
In the procedures for recognition or establishment of rights or other legal situations favorable to the interested parties, silence is negative .
Concept
Administrative silence occurs when the legal system attributes legal taiwan business mailing list consequences to the lack of an express resolution, within the deadline, by the Administration. It is included in articles 24 and 25 of Law 39/2015, of October 1.
The purpose of this legal figure is, on the one hand, to safeguard the rights and interests of those who make unresolved requests, claims or appeals and, on the other, in the interest of administrative speed or efficiency .
Types of administrative silence
Negative silence : it is presumed that the Administration denies the request, appeal or claim filed by the interested party.
Positive silence : since the Administration has not been diligent and has not resolved and notified within the time limit, this silence becomes a positive act. That is, it is in favour of our claims.
If the procedure was initiated ex officio, the effects of silence will be different from those of procedures that are initiated at the request of a party.
Procedures initiated at the request of the interested party
Article 24 of Law 39/2015, of October 1. In those procedures initiated at the request of the interested party, the lack of an express resolution by the Administration gives rise to administrative silence.
The general rule is that such silence has a positive effect. We are therefore talking about positive silence . But like every general rule, there are exceptions and silence will have a negative effect. Negative silence will occur in the following cases:
When a rule establishes the contrary , that is, when a rule with the rank of law or a rule of European Union Law or international law applicable in Spain indicates that the lack of an express resolution has dismissive effects.
The object of the procedure is access to activities or their exercise
Procedures relating to the exercise of the right to petition ( Article 29 of the Constitution )
Those whose consequences transfer to the applicant or to third parties powers related to the public domain or public service ; imply the exercise of activities that may damage the Environment and in the procedures of patrimonial responsibility .
Procedures for challenging acts or provisions
What effects does the lack of a resolution have if an appeal is filed against administrative silence? It will have favorable effects , unless it refers to the previous cases in which case it would be negative silence.
Nature and effects of administrative silence :
The estimation of silence is an administrative act that ends the administrative procedure.
The dismissal has the sole effect of allowing the interested parties to file an administrative or contentious-administrative appeal.
What happens if the Administration issues an express resolution a posteriori ?
In cases of positive silence , only and exclusively, the Administration may issue an act confirming the silence.
If the silence is negative , the resolution issued by the Administration has no connection with the meaning of the silence.
Procedures initiated ex officio
Included in article 25 of Law 39/2015 , of October 1. The expiration of the deadline does not exempt the Administration from compliance with the legal obligation to resolve .
What are the effects ?
In the procedures for recognition or establishment of rights or other legal situations favorable to the interested parties, silence is negative .