The negative silence
Posted: Mon Dec 23, 2024 9:24 am
Once the maximum period for responding to a request has elapsed without any such response being made, it will be deemed to be negative. The general period for resolving a procedure ranges between 3 and 6 months , months counted from the filing of the appeal. When the rules governing the procedures do not set the maximum period for receiving notification, this will be three months. Negative administrative silence will be deemed to exist in the following cases:
– In procedures relating to the phone number database free exercise of the right to petition .
– In those whose consequence is the transfer to the applicant or to third parties of powers relating to the public domain or the public service .
– In procedures for challenging acts and provisions .
Dismissal due to silence allows the interested party to file the corresponding administrative or contentious-administrative appeal.
To know whether administrative silence may exist, we must look at the period for resolving the procedure in question and the type of procedure in question. After this period of time has passed without receiving a response, the most prudent thing to do is to contact the agency responsible for the decision and find out if, in fact, it is administrative silence or if we have not received a response for some other reason. It is risky to assume that there is administrative silence and, above all, that it is in our favor.
– In procedures relating to the phone number database free exercise of the right to petition .
– In those whose consequence is the transfer to the applicant or to third parties of powers relating to the public domain or the public service .
– In procedures for challenging acts and provisions .
Dismissal due to silence allows the interested party to file the corresponding administrative or contentious-administrative appeal.
To know whether administrative silence may exist, we must look at the period for resolving the procedure in question and the type of procedure in question. After this period of time has passed without receiving a response, the most prudent thing to do is to contact the agency responsible for the decision and find out if, in fact, it is administrative silence or if we have not received a response for some other reason. It is risky to assume that there is administrative silence and, above all, that it is in our favor.