What should I know?
Nowadays, notifications in electronic venues have obtained a great relevance, this is so since there are government orders that regulate the validity of the same when the public administration communicates with citizens and companies. As for example, when we talk about Article 43 of Law 39/2015, of October 1, of the Common Administrative Procedure of Public Administrations, regulates the practice of electronic notifications.
This article establishes that it is understood as appearance of the citizen before the administration to receive a notification in the electronic office of a public administration, or through the electronic address provided by the Administration.
According to this law, it is also understood that when the interested party or his representative accesses the content of the notification, from that moment on it is considered to have been received and read.
The method to access these notifications access to these notifications is to identify yourself at an electronic office by means of a digital digital certificate or another method of identification. Once you have been able to identify yourself, you will have the option to visit the folder "My notifications" or "My files". "My notifications" or "My files" folder.. It is in this folder where you can find your electronic notifications.
However, in the context of electronic notifications, rejection of notification due to expiration means that a notification sent by a public administration has been made available to the interested party at the electronic site of the administration means that a notification sent by a public administration has been made available to the interested party at the electronic headquarters of the administration, but the latter has not accessed its contents within the established period of 10 calendar days. has not accessed its contents within the established period of 10 calendar days.. This period is counted from the moment the notification is made available to the interested party at the electronic headquarters, which is usually through a notice that appears in the inbox of the email. The interested party can access the notification and consult its content by opening the same e-mail.
But, What happens if the interested party does not agree to the notification?
Well, if within 10 calendar days, the interested party has not accessed the electronic notification, the administration will understand it as rejected. This means that the administration will assume that the interested party has not received the notification, and that it is not obliged to respond to it. has not received the notification, and has no obligation to respond to it. The rejection of a notification due to expiration does not have the same consequences as the rejection of a notification that has been received and has not been responded to within the specified period. In the latter case, the administration may adopt a decision in administrative silence, which may be favorable, unfavorable or partially favorable.
In the case of rejection of notification due to expiration, the administration cannot adopt any resolution, since it is considered that the notification has not been received. However, this rejection of notification due to expiration may bring a series of consequences such as:
- If the notification was merely informative, this event would be of no consequence.
- If the notification was mandatory and its receipt is mandatory, the administration may resend it to the interested party.
- If the notification had a specific deadline for response, the interested party will lose the right to respond to the notification if it was not possible to respond in time.
