What is administrative silence?
Posted: Mon Dec 23, 2024 9:24 am
Many people may be familiar with the expression “administrative silence” in reference to the resolution of a file in the hands of the Treasury or another body of the State administration. Administrative silence means the end of a procedure due to the lack of response by the administration to the allegations presented by the taxpayer. Silence can only occur in procedures initiated at the request of the interested party or at their request, not in those promoted by the public administration. Mediation, arbitration and conciliation procedures, as well as those terminated by agreement or convention, are not subject to the silence regime.
Silence on the part of the administration can be positive or negative . Positive silence means acceptance of the proposal or the allegations; that is, it is a phone number database resolution favorable to the taxpayer. Negative silence means the opposite.
Positive silence
Positive silence occurs when, after the deadline for resolving has elapsed without a response from the administration, the appeal is deemed to be upheld . The interested party may request a certificate from the public body accrediting the silence to serve as proof of the resolution. This certificate must be issued within 15 days of the request. If the Administration does not issue it, it is possible to claim it before the administrative litigation jurisdiction.
In Spain, the default meaning of administrative silence is upholding, especially in sanction procedures . In this case, if the public Administration does not respond in time and form to an administrative appeal, the party filing the appeal is right and the sanction is deemed not to have been imposed. Administrative silence is regulated in articles 43 (at the request of the interested party) and 44 (ex officio) of Law 30/1992 .
Silence is not upholding in procedures for exercising the right to petition or those whose upholding would result in the transfer of powers relating to the public domain or public service to the applicant or third parties.
Silence on the part of the administration can be positive or negative . Positive silence means acceptance of the proposal or the allegations; that is, it is a phone number database resolution favorable to the taxpayer. Negative silence means the opposite.
Positive silence
Positive silence occurs when, after the deadline for resolving has elapsed without a response from the administration, the appeal is deemed to be upheld . The interested party may request a certificate from the public body accrediting the silence to serve as proof of the resolution. This certificate must be issued within 15 days of the request. If the Administration does not issue it, it is possible to claim it before the administrative litigation jurisdiction.
In Spain, the default meaning of administrative silence is upholding, especially in sanction procedures . In this case, if the public Administration does not respond in time and form to an administrative appeal, the party filing the appeal is right and the sanction is deemed not to have been imposed. Administrative silence is regulated in articles 43 (at the request of the interested party) and 44 (ex officio) of Law 30/1992 .
Silence is not upholding in procedures for exercising the right to petition or those whose upholding would result in the transfer of powers relating to the public domain or public service to the applicant or third parties.