LA INACTIVIDAD ADMINISTRATIVA EN LA ADMINISTRACIÓN PÚBLICA

Abstract

The object of study of this article is the administrative inactivity in the sphere of public
administration, when it is expressed by two legal figures of administrative silence:
negative silence and positive silence, both represent a violation of the duties of action established by the procedural rule of the public administration. Unfortunately, this problematic
has not been addressed in a systematic and methodological manner, which
makes it impossible to clearly establish a conceptual and theoretical framework that
could explain and propose solutions to the problem of administrative inactivity. The
obligation to resolve is a specific duty of the Administration to resolve the requests that
arise in the administrative procedures, as well to notify the resolution resulting from the
procedure, but the violation of the constitutional norm is not a cause of administrative
inactivity, so isn’t admissible to equate the administrative silence with the right of petition,
since what article 8 protects is the duty to respond but that doesn’t mean that the
damaged caused by the omission is repaired. The negative silence is characterized by the
effect that is given to the refusal to respond the requests, and at the same time rejects
the request of the petitioner. The positive silence consists in a presumptive act, the lawmaker
sought to establish equivalence with respect the administrative act that would be
comparable to the affirmative authorization that substitutes, but the act lacking of legitimacy
produce legal uncertainty for the administrated.