Silencio administrativo común y especial
This paper analyzes the recent constitutional jurisprudence on competence to determine the sense of administrative silence in the procedures initiated at the request of the interested party (SSTC 143/2017, 70/2018 and 104/2018), resulting in three types of silence , that in the paper are called comm...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | Spanish |
| Published: |
2019
|
| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7041303 |
| Source: | Revista Aragonesa de Administración Pública, ISSN 1133-4797, Nº 53, 2019, pags. 14-89 |
| Tags: |
Add Tag
No Tags: Be the first to tag this record
|
| Summary: |
This paper analyzes the recent constitutional jurisprudence on competence to determine the sense of administrative silence in the procedures initiated at the request of the interested party (SSTC 143/2017, 70/2018 and 104/2018), resulting in three types of silence , that in the paper are called common general and special and exclusive or doubly special, only the last one outside the sphere of the common administrative procedure, trying to investigate the reasons of this curious typology, in principle to the interests of the Autonomous Communities. The examination of this jurisprudence in the joint light of the constitutional doctrine on the distinction between common administrative procedure and special procedures, and on the degree of belonging of the silence regime to the scope of the common administrative procedure, leads the author to make an essentially positive final assessment of it, understood in terms of constitutional requirement of at least a minimum of coherence with the current model of regulation of silence freely chosen by the state legislator competent in matters of common administrative procedure. |
|---|