The administrative silence regarding. Urban planning licenses

Abstract

The administrative silence as a technique arises from the formal inactivity of the Administration. Situation that results contrary to the spirit of our Constitution. The rule of law must guide the administrative action, especially when the social state clause favors the satisfaction of social rights. Therefore, please note that, despite the forced assumption of administrative silence as a palliative, the Administration maintains the obligation to issue an express resolution. Having said this, the reflection will focus on the administrative silence when a citizen requests the appropriate urban planning licence. Contentious issue, because the sense that the legislator gives to the administrative silence –positive or negative– will bring in very different implications.