Spain: Supreme Court reaffirms rules on administrative silence

A recent ruling by the Third Chamber of the Spanish Supreme Court has reaffirmed judicial doctrine regarding administrative silence. Despite the literal text of Article 46.1 of the Law Regulating Contentious-Administrative Proceedings, which suggests a six-month period to appeal from the moment a presumed dismissal occurs, constitutional jurisprudence maintains that no such deadline applies.

Under the principle of effective judicial protection, the deadline for filing a contentious-administrative appeal does not begin to run as long as the Administration has not issued an express resolution or notification. This prevents the administration from claiming a consent by silence if no formal decision has been communicated, allowing for the indefinite challenge of presumed dismissals until an express act is performed.