Efectos de la falta de contestación del recurso de apelación a una resolución sancionadora.

Abstract

The Public Administration to fulfill its objective of protecting general and public interests is vested with administrative powers, which are expressly recognized by the legal system. Within these powers is the sanctioning power that is exercised through the state bodies, which can execute a control to their managed and impose administrative sanctions, by dint of a sanctioning procedure. Through all procedures, the citizens have mechanisms to guarantee their rights and, in the same way, to control that the administrative activity is following the legal system, therefore, the Law grants them means of appeal both judicially and administratively, against the decisions of the Administration. A means of judicial challenge through administrative proceedings is the Appeal, therefore, this research aims to analyze the effects or consequences of the lack of Resolution of an Appeal within the term provided in the regulations in a Sanctioning Procedure. The Organic Administrative Code in its article 230 establishes the maximum term to resolve an Appeal, however, the lack of clarity of the regulations by not establishing the legal effect against the extemporaneous pronouncement of the Public Administration within the sanctioning procedure causes that there is a regulatory gap generating legal insecurity for those citizens, a problem that must be resolved by our legislation.