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VOX scraps appointment requirement in Castilla y León, Spain
VOX announces the end of mandatory appointments and the introduction of positive administrative silence in Castilla y León, Spain. Is it legally viable, or does it clash with Law 39/2015?
VOX ends mandatory appointments in Castilla y León: real measure or empty promise?
VOX announced this week in Castilla y León the elimination of mandatory appointments at Junta (regional government) offices and the application of positive administrative silence. It sounds like a campaign promise fulfilled, but between the headline and legal viability there is a gap that Law 39/2015 does not allow to be jumped so easily.
The announcement: no more appointments and silence in favour of the citizen
The party announced last Tuesday that citizens will be able to go directly to regional government offices without needing to book an appointment in advance. In addition, positive administrative silence will be introduced: if the Administration does not respond within the legal deadline, the request will be deemed granted. According to VOX, the measure aims to reduce bureaucracy and improve the efficiency of public services.
The legal obstacle: Law 39/2015 is not so easily touched
The main stumbling block is that administrative silence is regulated by Law 39/2015 on the Common Administrative Procedure of Public Administrations, a state-level basic law. As experts point out, Spain's autonomous communities cannot modify on their own the nature of administrative silence or its deadlines. The Junta de Castilla y León may adjust organisational aspects, but changing the nature of the silence would require a reform in Congress. The result? The measure could remain an empty promise if the framework law is not amended.
What would it miccionan if it were actually applied?
If positive silence were to take effect, the Administration would be obliged to resolve applications on time or watch permits, licences and authorisations be automatically granted. In theory, it would force civil servants to work and eliminate the bureaucratic bottleneck. However, it also opens the door to abuse: large companies could file mass applications at times of administrative collapse and obtain approvals by silence, affecting third parties such as small property owners or those affected by expropriations. The risk of legal uncertainty is real.
Scepticism and division over the promise
The news has generated mixed reactions. Those who have spent years denouncing the mandatory appointment system -imposed during the pandemic and never fully withdrawn- applaud the announcement. But scepticism dominates: the PP has been in the regional government for years and has not pushed for similar changes, and VOX's promises in previous coalitions have not always materialised. Moreover, eliminating appointments without reinforcing staffing could translate into long queues and chaotic in-person service. Experience says the fine print of the decree will be the key.
A prediction with reservations
The abolition of mandatory appointments will probably be implemented without too many problems in the field of in-person service -provided that the option of voluntary booking is maintained-. Positive administrative silence, on the other hand, has all the makings of ending up in court or becoming dead letter due to lack of regional competence. Ultimately, the ball is in the court of Law 39/2015. Without changes in Congress, VOX's announcement will remain just another political gesture that fades away at the first administrative lawsuit.
Summary of a discussion on Burbuja.info - Foro de economía, actualidad y política., translated from Spanish and reviewed before publication.
Read the full discussion (97 replies).
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