Divorce between the State and Administered. The administrative inactivity in Perú and Comparative Law

Abstract

The problem of administrative inactivity is a divorce between the citizen and the administration, having the administration a position of guarantor of legality and a functional duty by the officers and servants. In the present research we will be limited to the legal problems of administrative silence in its positive and negative manifestations. At present, the European, Latin American and American Public Administration has not met the expectations of efficiency, speed, economy, transparency, due process, reasonable time as other guiding principles which project a proper development, fair and expeditious administration and its communicating means: administrative acts. The scope of the topic, propose a tentative legal nature of administrative silence, its administrative and procedural treatment and legal controls to which is subject, reflecting on the necessary control of the generated administrative acts based on administrative silence positive or negative.