Administrative silence in Ecuador: between citizen perception and its legal limits

Abstract

At the public administration level, the legal institution known as administrative silence has gained considerable notoriety due to the extensive normative, doctrinal, and jurisprudential study it has received since its establishment in the Organic Administrative Code, enacted in 2017. However, a clear and concise explanation of how it should be understood by the average citizen has not yet been achieved. Citizens often perceive this concept as a simple and practical solution to petitions they may submit to the institutional apparatus, without considering that behind this figure of administrative law lie certain limitations and obstacles that can make this legal possibility appear as a serious complication when citizens exercise their legal rights and make petitions to the public administration. Therefore, this research focuses on explaining some of its main characteristics, as well as the potential drawbacks related to the realities and dynamics of the institution, including its initiation, processing, and eventual resolution in the administrative and judicial spheres. For the completion of this postgraduate academic activity, research methods and tools were used, which will be evident in the development of this document.