The disappearance of the positive silence of environmental licenses

Abstract

The Common Administrative Procedure Act of 2015 maintains the general principle of positive administrative silence, but incorporates the environmental exception, when the activity may cause damage to the environment, in which case the silence will be negative. This forecast must be applied to the regime of environmental licenses, regulated heterogeneously by the different Autonomous Communities. The Constitutional Court has confirmed the primacy of this basic regulation in its judgment 70/2018.