Silence of public administration’s bodies

From Encyklopedia Administracji Publicznej

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SILENCE OF PUBLIC ADMINISTRATION’S BODIES – (silence of administration) relates only to matters specified in the specific provisions, is a specific → administrative proceedings: if, after expiry of the time limit provided by law, the body has not issued a decision or a decision terminating the case, it is considered that the case has been settled by the silence of administration – depending on the design adopted in the administrative law, it may mean issuing a positive decision (positive silence) or a negative decision (negative silence) by the body. A positive decision (positive s.) is the same as accepting the request of a party in all its demands. On the other hand, the negative decision consists in the fact that the s. of the administrative body, in the course of a silent settlement of the case, is treated equally with the substantive refusal of the case (fiction of a negative decision). The construction of the fiction of the negative decision occurs, for example, in the French legal order. The rule adopted in that order is that the expiry of four months after the application means a negative decision, which is subject to a complaint to the administrative court. The concept of a fiction of a positive decision is present, among others, in Germany, Italy, Spain. In Poland, an example of this concept is the general regulation contained in the Code of Administrative Proceedings introducing the institution of “silent completion of proceedings” and “tacit consent”. For example, the Act on the Organisation and Operation of Cultural Activities states that a negative decision should be served on an entity that has notified the competent public administration body of the date and place of such event, within 14 days of the date of the notification. Failure to make a decision within the above time period means acceptance of the event [ E. Sękowska-Grodzicka ].

Literature: W. Bochenek, Bezczynność a milczenie organu administracji publicznej, „Samorząd Terytorialny” 2003, nr 12 ■ P. Dobosz, Milczenie i bezczynność w prawie administracyjnym, Warszawa 2011.