On the revision of the instrumental nature of the administrative act

Abstract

The paper looks at the administrative silence, both negative and positive, the material inactivity of the Public Administration, and the abandonment of an administrative authorization according to a Directive of European Union to improve services in the market. The author attempts to overcome the traditional view that has accompanied the explanations on the administrative silence under the administrative act preeminence suggesting a new approach in which the administrative act loses leading role and good Governance gains prominence.