Administrative Silence

Administrative silence, also known as formal inactivity of the administration, is an important topic in the field of comparative administrative law and has gained recognition in many legal systems around the world. It is seen as a necessary tool for the protection of individual rights and, in many jurisdictions, it is considered a constitutional guarantee that citizens have against the powers of administrative authorities. Many international human rights treaties impose a duty on these authorities to respond to citizens’ petitions. However, when there is a failure in this duty by an administrative authority, there is a requirement to determine how this has happened and the consequences of this failure.

This book provides an overview of the concept of administrative silence, its importance in protecting individual rights, and explores how it is recognised and applied within 21 jurisdictions around the word. It is a useful reference for anyone interested in the subject and it aims to improve knowledge on the topic and gives it the attention that it deserves within the framework of comparative administrative law.



Pedro Aberastury is the head of his own law firm specialising in administrative law. He is a Consulting Professor at the School of Law of the University of Buenos Aires (UBA), where he also achieved a Doctorate in Law. In 2005, he received a Faculty Award from the UBA School of Law for his doctoral thesis. He has also received an Accésit Award from the National Academy of Law and Social Sciences for his work "La Justicia Administrativa" (Administrative Justice). He is a Member of the Institute of Administrative Law of the National Academy of Law, Argentina, and the International Academy of Comparative Law. He is also the Former President of the Argentine Association of Comparative Law.



With a General Report by Pedro Aberastury (University of Buenos Aires, Argentina) and Oscar Aguilar Valdez (Pontifical Catholic University of Argentina) and Special Reports by Vicenç Aguado i Cudolà (University of Barcelona, Spain), Gustavo Alarcón del Pino (Pontificia Universidad Católica de Chile), Nilay Arat (Kadir Has University, Turkey), Tom Barkhuysen (Leiden University, the Netherlands), Allan R. Brewer-Carías (Central University of Venezuela), Roberto Caranta (University of Turin, Italy), Suzanne Comtois (Université de Sherbrooke, Canada), Jorge Danós Ordoñez (Pontifical Catholic University of Peru), Dario Đerđa (University of Rijeka, Croatia), Armand Desprairies (Université de Reims Champagne-Ardenne, France), Michiel L. van Emmerik (Radboud University, the Netherlands), Jorge A. Femenías S. (Pontificia Universidad Católica de Chile), Patrícia Fernandes Marques (Municipal Accounting Court of Rio de Janeiro, Brazil), Jens Gerlach (Bucerius Law School, Germany), Carla Huerta (National Autonomous University of Mexico), Zbigniew Kmieciak (University of Łódź, Poland), Gyula Koi (National University of Public Service (NUPS), Hungary), Torvald Larsson (Lund University, Sweden), Dulce Lopes (University of Coimbra, Portugal), Ricardo Perlingeiro (Federal Regional Court of the 2nd Region, Brazil), Luciana F. Portal Gadelha (Federal Prosecution Service, Brazil), Héctor M. Pozo Gowland (University of Buenos Aires, Argentina), Hermann Pünder (Bucerius Law School, Germany), Rogelio Robles López (National Autonomous University of Mexico), Libardo Rodríguez Rodríguez (International Institute of Administrative Law), Krisztina F. Rozsnyai (University ELTE Budapest, Hungary), Jorge Enrique Santos Rodríguez (Universidad Externado de Colombia), Myriam Senn (University of St. Gallen, Switzerland), Violeta Stratan (Université de l’Ouest de Timişoara, Roumanie) and Joanna Wegner (University of Łódź, Poland).