commentary to the Supreme Court ruling 563/2020, de 26 de mayo, on the meaning of the Administration's silence in response to a request for review of a final administrative act

Abstract

The judgment issued, it was understood, violated Article 43. 1 and 2 of Law 30/1992 by non-application (and current Art. 24.1. 3rd Law 39/2015, of October 1) since the review of the PIA, an administrative act previously approved and notified, necessarily implies a procedure that is initiated and promoted ex officio by the competent Authority although, in the present case, at the request of the interested party upon application. In addition, the very content of the Individual Care Program makes the system of the favorable sense of silence unfeasible, since it is materially impossible to delimit which specific service or benefit among those foreseen for the degree and level would be recognized by silence; a different matter is that, if the express resolution implies or contains economic benefits, these should be retroactive in time. These were invoked by this party both before the lower court and before the Andalusian High Court on appeal.