El silencio administrativo positivo, como solución a la inactividad de la administración en la ley 1437 de 2011

Abstract

The positive response is a fiction aimed at producing legal effects it creates , modifies or terminates legal situations arising before the failure or delay in the administration by failing to provide timely response to a particular request. Administrative Silence Positive produces a true administrative act which rights are recognized, once produced the administration can not dictate a subsequent act contrary and is empowered to revoke the express written consent of the owner or where indicated its opposition to the Constitution or the law , is not satisfied or harm public or social interest , unjustified injury to a person can cause or be clear that the act occurred by illegal means. This means that the positive response is a solution to the inefficiency of the administration and a guarantee to protect the rights given as request, involving the right to a reasoned and timely applications that raise citizens response.