TS Administrative Chamber, Negative administrative silence: new criteria for appeal 2024
The Spanish Supreme Court Administrative Chamber clarified in 2024 the requirements for challenging negative administrative silence: deadlines for judicial review, effects of late notification of express decisions and tacit presumed acts vs. express acts.
Administrative silence in Spanish law
Law 39/2015 (LPAC) regulates administrative silence in Arts. 24-25:
- Positive silence (Art. 24): Applicant-initiated procedures are deemed approved by silence, EXCEPT in specific cases (public safety, environment, land planning, etc.).
- Negative silence (Art. 25): Office-initiated procedures or exceptions produce a deemed refusal, the applicant can appeal as if there were a denial.
Key TS doctrine 2023-2024
STS 1456/2024: When the Administration issues a late express decisión after silence has occurred, the applicant has 2 months to challenge it from notification, regardless of any prior silence appeal. Failing to extend the silence appeal to the express decisión limits the scope of judicial review.
STS 789/2024: When positive silence has occurred (legally prescribed), a subsequent contrary express act is null and void (Art. 47.1.f LPAC). The Administration cannot revoke a positive presumed act without ex officio review or lesivity proceedings.
STS 234/2023: Resolution deadlines exclude non-working days (national, regional and local). Subsanation requests suspend the deadline under Art. 68 LPAC.
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