La acción de ejecución del silencio administrativo positivo su eficacia para hacer efectiva la petición

Abstract

The present investigation alludes to the lack of response from the public administration; while the administrative act is the manifestation of the will of the administrative bodies, sometimes the public administration due to circumstances such as negligence or carelessness does not issue responses to the requests required by the administered. In other words, there is silence in the face of the requests and claims presented by the companies. This institution is known as administrative silence. In the Administrative Organic Code this institution is regulated as an enforcement action, it will be analyzed if it is viable or lacks effectiveness. The institution of administrative silence will be analyzed in its two areas: positive and negative, as well as its limits. The procedure to follow for the execution of the administrative silence in the Contentious Administrative Tribunal, the enabling documents or suitable means of proof to demonstrate the lack of response to achieve recognition of the claimed right. Positive administrative silence gives rise to or creates the presumed administrative act or presumed fictitious act, however, for its existence it requires that certain requirements be met in the formal or procedural order and of material order or validity. The mere lack of response from the public administration within the term established by law in response to petitions, claims and requests from the administered is not enough. Therefore, the action of positive administrative silence is effective as long as these requirements and conditions are met.