Innovations of silence procedure in Ecuador

Abstract

The objective of this article was to analyze the innovations of Silence procedure in Ecuador through the critical study of the new Organic Administrative Code, which entered into validity on July 8, 2018. The silence procedure, as a consequence of the constitutional right of petition, and which represents a solution for people who have presented requests or claims before the government, has undergone a significant transformation with the entry into force of the new Organic Administrative Code (OAC). Thus, we analyze its foundation on the right of petition, its modifications for its configuration in the administrative proceedings and we carry out a critique of the reform in terms of its enforceability, which went from administrative litigation to ordinary justice in civil courts.