The administrative silence and its expiration effect on administrative competence: A jurisdictional approach

Abstract

This article analyzes administrative silence and its effect on the expiration of administrative competence from a jurisdictional perspective. It examines the evolution of this legal concept, its nature and effects, with emphasis on its impact on administrative expiration. The research is based on a comprehensive review of academic literature and relevant jurisprudence, employing a comparative approach to analyze different legal systems. The results reveal a significant transformation of administrative silence, from a simple legal fiction to a complex legal instrument with profound implications for the State-citizen relationship. Persistent tensions are identified between administrative efficiency and the protection of citizens' rights, especially in the context of the expiration of administrative competence. The jurisdictional perspective shows a trend towards a more protective interpretation, although with variations between legal systems. It is concluded that administrative silence requires continuous adaptation to the changing realities of public administration, including digitalization, to maintain a balance between administrative efficiency, protection of rights, and safeguarding the public interest.