What is administrative silence?

Administrative silence is the lack of response from the public administration to an application, appeal or request submitted by a citizen or entity. In other words, when a person or entity submits an application, appeal or request to a public administration and the latter does not respond within the period established by law, it is considered that there has been administrative silence.

It is important to bear in mind that administrative silence only occurs in those cases in which the law expressly establishes the possibility of its occurrence. Furthermore, for administrative silence to occur, certain requirements must have been met, such as the deadline established by law for the administration to respond and the presentation of the application, appeal or request in a correct and complete manner. In the face of this silence, we at the firm can advise you.

Where is administrative silence regulated?

Administrative silence is regulated in the legislation of each country. In Spain, for example, it is regulated in Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations.

This law establishes that, in the event that a public administration does not respond within the period established by law, it may be understood that the application, appeal or request submitted, as appropriate, has been accepted or rejected by administrative silence. It is also established that the maximum period for positive or negative administrative silence to occur is three months or, in the case of procedures with hearing and public information procedures, six months.

It is important to note that in other countries there may be different regulations regarding administrative silence, so it is necessary to review the corresponding legislation in each particular case.

Types of administrative silence

The types of administrative silence that exist depend on the meaning of the Administration's inactivity, and can be classified as follows:

1. Positive silence: This type of silence occurs when the Administration does not issue an express resolution within the period established by law, and therefore it is understood that the application or petition has been automatically accepted or approved.
2. Negative silence: This type of silence occurs when the Administration does not issue an express resolution within the period established by law, and therefore it is understood that the application or petition has been automatically rejected or denied.
3. Inaccurate or irregular administrative silence: This type of silence occurs when the administration does not issue an express resolution within the period established by law, but its inactivity does not necessarily imply an acceptance or rejection of the application or petition. In these cases, the interested party has the right to request clarification or to lodge an appeal.

What are the deadlines for administrative silence?

The deadlines for administrative silence may vary depending on the legislation of each country and the type of application, appeal or request that has been submitted. Below are some examples of deadlines for administrative silence in Spain, which may serve as a guide:

• Positive administrative silence: in general, the deadline for positive administrative silence to occur is three months from the submission of the application, appeal or request. This period may vary depending on the legislation of each country and the type of procedure. For example, in some cases it may be six months or even one year.
• Negative administrative silence: In general, the time limit for negative administrative silence is also three months from the submission of the application, appeal or request. However, this period may vary depending on the legislation of each country and the type of procedure.

It is important to note that, in some cases, the period of administrative silence may be extended if certain circumstances have arisen, such as the need to carry out additional formalities, the lack of sufficient information in the application or the need to obtain reports from other entities. In these cases, the administration must notify the interested party of the extension of the deadline and the reasons justifying it.

In any case, it is necessary to review the corresponding legislation in each country and in each specific procedure to know the specific deadlines for administrative silence.