It is not my business, nor could I explain to you the legal basis of this endearing and sometimes repulsive figure of administrative silence. At the time, I limited myself to satisfying my curiosity about its origins and evolution, which you can read about in different texts by people who know about it discover in different texts by people who know about the subject.
What I can say, using comparative simplisms, is that it is like cholesterol. There is the good kind and the bad kind. The good one, in an obese way, is the one that benefits the person who receives it. That is, if you don’t receive a reply within X amount of time, the thing you are asking for is considered approved.
The “bad” or negative administrative silence is just the opposite. It is the power of an administration to ignore the fact that they answer you once the period of time they consider has elapsed. Once this period has elapsed, whatever you have requested, it will be denied without debate or discussion. Although there is room for appeal, you will have had to wait and be silenced for an answer without the right to an explanation of where the error was, the reason for the rejection or any other detail related to the unresolved procedure.
Administrative silence that you can eat after three months if you have already applied for the Ingreso Mínimo Vital. It gives plenty of time for the applicant to have lost his or her vital signs.
The negative administrative silence applied to certain procedures, such as in the application for the Minimum Vital Income, is the maximum exponent of the Minimum Living Incomeis the maximum exponent of the legal despotism of the pachydermic machinery of the State.