Reliable notification and the pro actione principle in the role of t he citizen to prove the effectiveness of administrative silence in Ecuador.

Abstract

This study analyzes the legal framework of presumed positive administrative silence and its relationship to the principles of legal certainty and legality in Ecuadorian administrative law. Based on a review of the Organic Administrative Code and the Organic Code on Territorial Organization, Autonomy, and Decentralization, the study examines the tensions arising from the processing of applications related to the subdivision of rural properties. The research addresses the substantive and formal requirements essential for the enforceability of presumed administrative acts, determining the limits of the administration’s power of self-protection in the event of failure to meet the legal deadlines for resolving petitions. Furthermore, through an evaluation of jurisprudential criteria, it delves into the requirement of regularity of presumed acts to prevent the consolidation of situations contrary to the legal order. The findings highlight the need to reconcile the protection of citizens’ rights with strict compliance with the substantive prerequisites required by law, ensuring an effective balance between the efficiency of administrative protection and the safeguarding of the public interest.