El silencio administrativo en el recurso de apelación en el Código Orgánico Administrativo.

Abstract

Our Constitution recognizes the right of petition, which requires that the Administration responds in a timely and motivated manner to what is required by the citizen. The law that regulates administrative actions establishes as a general rule the administrative silence with estimating effects; the administrative silence may vary according to their effects, since it may be either a legal fiction that gives the same effects of an express administrative act or a simple procedural rule that allows the petitioner to appeal in the justice system. In the other hand, our legislation establishes that any affected parties can appeal an unfavorable Administrative Decision to the same agency level. This right of administrative appeal is exercised through the administrative review and the administrative appeal; in the administrative review the law explicitly stresses the negative effects in case of no notice of the resolution, however in the administrative appeal exists a legal vacuum without specific rules of what effects it could have, then, the possible consequences are legal fiction that grants the requests, rejects the requests or even none effects at all.