Certificate of Administrative Silence: Get it, What it is and MORE

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Are you interested in knowing how you can get the Administrative Silence Certificate? We will tell you! This document, so necessary to carry out various procedures in the stipulated time, is very easy to acquire, as you will be seeing throughout the article.

Likewise, we will be explaining what it is for, what the certificate includes, what are the frequently asked questions regarding the processing of this document, what it is and many other details that you should know when managing the Certificate of Administrative Silence. So do not go away!

How to obtain the Certificate of Administrative Silence?

Let’s start by talking about the Process to Obtain the Certificate of Administrative Silence, in which we will explain which documents you must attach and how is the step by step to obtain this document in the simplest, fastest and most comfortable way possible.

Of course, keep in mind that the management of this document is not well known, as it is not as required as others could be. This has the consequence that there is a question about how the process of this certificate should be carried out, a question that we will be clarifying today.

So let’s see!

Requirements

To begin, you must enter a series of unique requirements that will allow you to carry out this term. Without these you will not be able to get what you are looking for, so it is the main aspect, the most important point, that you must take into account today.

  • To start you need write a Letter of Request. This must follow a specific model that we will be talking about later, so that you know how to write it and what it has to contain. For now, just keep in mind that you must request the certificate in writing.
  • Second, you need some document that allows to accredit the moment in which the administrative process began by which the petitioner was silenced or dismissed.
  • Finally, you need to append the Photocopy of ID. It must be a legible copy, in black and white or in color, showing all the data embedded in the document, including the photograph.

This is all you will need to take action. We recommend that you keep copies of the first two, especially the Application as this is probably the most important requirement involved in this whole process. In this way, you can keep a record of this procedure, which can become a bit controversial.

further, it is important that before making the request you are completely sure that the maximum period to resolve and notify the claim, which is nothing more than the original request that you made before the Public Administration to assert a right or request the fulfillment of an obligation.

In conclusion, if the administration did not provide a express resolution about the administrative procedure of the interested party within the maximum stipulated period, this has right to request the Certificate of Silence. Therefore, it is imperative that you confirm that this time has elapsed and that you can begin this process.

Steps to Follow for the Certificate of Silence

Now that you know what you need to do the management, let’s take action. What exactly must you do, step by step, to obtain this document? First, you should know that when requesting this document, the Public Administration has the obligation to issue it in a 15 day time limit.

During this time, the corresponding entity will study the case to proceed to certify the estimation or rejection of the original administrative procedure by means of the certificate. Once you know this, you can start.

  • First of all, you must write the Request for the Certificate of Administrative Silence. Of course, once you have confirmed that the deadline for the express resolution that we mentioned before, and only following the specifications that we will comment on in the section on Model.
  • Once you have the application together with the other requirements, you must approach the competent body to send this request. This is done by means of a Register, in person or electronically, of the town hall or administration corresponding to the procedure, or electronically.
  • Once at the institution responsible for the administrative procedure, you must indicate that you want to process the Administrative Silence Certificate.
  • Your request has already been processed, it’s your turn wait a maximum of 15 days To obtain the certificate, there in the same place that you required it. If it is in person, which we urge you to do so, the person in charge of receiving the request must inform you about it.

That is all! As you can see, it is very simple to carry out. You will not take more than a few minutes out of your day and it is a right that you must enforce. If you want even more guidance, you can contact an attorney to guide you through the process.

Application Form for the Certificate of Administrative Silence

As we told you before, there is a Application Form for the Certificate of Administrative Silence that you should follow when writing the letter. In this section we will not only explain what it should contain, but we will also give you a template so that you can use it and an example of how it would look.

First of all, let’s see what it has to contain:

  • Basic data of the Administration Public destination of the request.
  • Basic data of the applicant: name and surname, address and identity document number.
  • Administrative file number.
  • Exact deadline to deliver express resolution of the administrative process. This corresponds to the expiration date of the maximum term
  • Finally, declare yes silence is dismissive or appreciative.
  • Firm.

Once you know this, you can enter this link to access a Application template, which you can fill out, download and then print for delivery. Obviously, you can edit it as you fill it out as you see fit.

Just enter the pertinent information in the fields, click on Next step when you have completed a section and in Finish when you’re done. Another page will load where you will have to pay to get the request. It has a value of five euros.

Finally, you can find another example of how the request would look by entering here for you to do it yourself, if that is what you want. Good luck!

What is the Administrative Silence Certificate for?

The Administrative Silence Certificate It serves to prove that the applicant initiated an administrative process in the Public Administration, in any of its entities and agencies. And, furthermore, that this was not resolved by express resolution within the stipulated period.

When this happens, the person has the right to request the issuance of this document. The Administration must then pronounce itself, depending on whether it is an affirmative or dismissal silence, in accordance with the Law 39/2015, in its Art. 24.

A Stimulating Silence It is the one that occurs when the maximum time that the authority had to notify about the administrative procedure of the interested party elapses, and at this time it did not pronounce on the matter.

On the other hand, the Dismissal Silence It occurs when the administrative procedure has the concept of access to activities or their exercise, procedures to challenge acts or ex officio review. In this case, the Administration has to be based on the concurrence of compelling reasons of a general nature.

Be that as it may, in the end the applicant uses this document precisely to know the cause of administrative silence and to prove it if it is requested in any moment. That is, if you needed to carry out the administrative process as part of a larger procedure, then this document helps you to show that you did in fact carry out said process.

Of course, under certain conditions. We encourage you to read Law 39.

What does the Certificate include?

What does the Certificate of Administrative Silence include? This contains a series of data pertinent to the administrative process carried out. These may vary depending on the entity that issues it. However, in general terms, the data it contains is:

  • Applicant’s name.
  • Subject: Issuance of the Certificate of Administrative Silence.
  • Administrative process.
  • Date.
  • Specific information on the procedure.
  • Final resolution on the use of the certifying document.
  • Signature and name of the person in charge of standing up for this document.

This is the information you will find on the certificate, so check it once you have it in your hands.

Frequently Asked Questions about the Certificate of Administrative Silence

At what point can I request the Certificate of Administrative Silence once the maximum term has expired?
Two days after the deadline the administrative silence goes into effect. This is the moment when you can generate the request.
When is administrative silence said to be positive?
In all the circumstances established in the Law No. 39. It is a procedure, an administrative process, which was not expressly resolved on the scheduled date, but for simple reasons. Saying that it is positive is the same as saying that it is estimated.
Does the Public Administration have the obligation to issue this document?
Yes! This is mandatory. Any person who has initiated an administrative process and has not obtained an express resolution within the limited period previously established by the agency has the right to request it, while the Administration has the obligation to issue it.
What happens if they refuse to process the application?
You can report. This is done in court, preferably with the help of a lawyer. Remember that it is a decree of law.

What is it?

The Administrative Silence Certificate It allows the holder to prove participation in an administrative process that was silenced, either by affirmative or dismissal silence, by the competent body of the Public Administration of Spain.

It is processed in said body, submitting the duly drafted, printed and signed application, along with the other documents that support the application.

The issuance of this document is mandatory for the Administration, in accordance with the Law No. 39, and a right of the applicant once the maximum term that all public administrative procedures have to issue an express resolution expires.

It is only made of face-to-face way, since in electronic records this requirement can be much more complicated. This must be delivered within 15 days of being requested and it must contain the data concerning the administrative procedure.

We hope we have helped you today. Until next time!

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