Recently, the figure of "positive silence" has been implemented in Argentina, which implies that any request for administrative authorization made by individuals can be tacitly validated if the authorities do not respond within a certain period, following a legal fiction known as "positive silence." However, there are exceptions when specific regulations do not allow this positive silence.
The regulation of the Basic Law (Decree 695/2024) establishes that the Chief of Cabinet will be responsible for approving the use of silence in a positive sense in the procedures for processing administrative authorizations, including environmental procedures. Later, Decree 971/2024 published on November 1 approves the list of procedures excluded from positive silence and those covered by it.
One of the clear exceptions derived from Annex I is that environmental impact assessments in National Parks are not affected by this mode of tacit authorization. This has raised criticisms regarding environmental protection and state inaction, which could have consequences for human rights in environmental matters.
It has been warned that the implementation of "positive silence" in procedures with environmental impact could lead to situations of illegality and irresponsibility on the part of the State, as there is no supervision or sanctions in case of non-compliance by individuals. Moreover, uncertainty reigns regarding whether this positive silence applies to digital procedures related to detailed environmental issues.
Various civil society organizations have expressed their concern about this and request that environmental procedures be expressly excluded from this figure of positive silence. On the other hand, it is highlighted that the Basic Law also establishes that positive silence does not apply to issues related to public health, the environment, and public services.
In summary, the implementation of "positive silence" in Argentina has generated debates regarding its scope and applicability in environmental procedures, making it crucial to ensure the protection of the environment and biodiversity at all times.
