Execution of the presumed act by administrative silence according to the Ecuadorian legislation and jurisprudence

Abstract

The Ecuadorian legislation establishes the figure of positive administrative silence as a general rule in the absence of an express pronouncement by public administrations within a period of thirty days. However, it’s not clearly determined how the right of petition should be exercised to generate presumed acts that are fully enforceable before the contentious-administrative jurisdiction. The present work through the qualitative, logical historical, and inductive-deductive methods, based on various bibliographic sources of classical and modern authors, as well as jurisprudential development in Administrative Litigation, seeks to define the essential elements in a petition and its ability to generate an alleged estimatory act, enforceable before the contentious administrative jurisdiction.