La capitulación del acto consentido y firme ante el silencio negativo

Abstract

It is known that the doctrine and jurisprudence have reacted to the paradoxical effects of negative silence, because, on the one hand, it opens the possibility of resource, while, on the other hand, it activates the time limits for bringing actions. Under a regulation that recognizes today the fictional nature of such inactivity, while continues to set imperative deadlines for appealing determinants of inadmissibility for action out of time. Controversy follows in the context of recent reforms and doctrines directed against the negative silence —except building licenses— as renewal of the three pillars of its legal regime: premise, meaning and effects. Aspects that, beyond the conflict between the public administration and citizens affected by inactivity, have in common the tension between legal certainty versus effective judicial protection, and administration privileges versus good governance and imperatives of administrative simplification and streamlining.