News

It is of general knowledge on the part of the administered, everything that implies to make efforts before the various offices of the public administration: delay for the issuance of resolutions, even the lack of answer to requests without justification, actions without motivation, sudden changes to the applicable requirements and so on.

Of course this is not something that all public servants do, but are situations that in a general way, in more than one occasion, are given in the Public Administration. Notwithstanding being Authority, the actions of the Public Administration are not indeterminate and are limited by law. With the approval of the new Law of the Contentious Administrative Jurisdiction in El Salvador and the Transitional Provisions of the Administrative Procedure and the Regime of the Public Administration last year, it is expected a significant change in the performance of the Salvadoran Public Administration, which will provide to the administered more legal certainty.

One of the most significant changes that brings the validity of the above-mentioned rules is the obligation on the part of the Public Administration to dictate express resolution and notify it to the administered, within a maximum time limit. If the Special Law that regulates the particular act does not regulate a period in which the Public Administration must issue an express resolution and notify it (as is the case in most cases), the Public Administration is obliged to do so within the maximum period of ninety days. If the request issued by the Public Administration is not more than the submission of the letter containing it, the deadline for responding and reporting is fifteen days. The foregoing gives the administered of the tools to demand from the Administration a response in a given time, something that the administered historically has had reservations in doing, for fear that this would cause annoyance on the part of the authority.

Another significant change from the validity of the new rules on Administrative and Procedural Law in El Salvador is the possibility that in the cases expressly established by Law, the silence on the part of the Administration Public produce positive effects. The foregoing implies that, after the maximum period for the Public Administration to make a resolution and to notify it, without it having done so, it has as a consequence that the response of part of it has been issued in the sense Favorable. The foregoing is a novelty that favors the administered in the absence of response from the Public Administration to their requests.

The Administrative and Procedural Administrative reforms mentioned above mean positive and important changes to which the Public Administration should be coupled, in order to comply with the Law, and that the above-mentioned consequences do not occur. García & Bodán El Salvador is at your service to advise you on the alternatives that the reforms offer when the act of the Public Administration is not in accordance with the obligations imposed by the Law.

Fermina Bolaños Meardi
Associate
García & Bodán
El Salvador