Procedura aprobării tacite. Condiţii

Tacit acceptance procedure. Conditions

Abstract

Starting from the point that, as defined by the general law of contentious administrative, the unjustified refusal of settling a request and the failure to reply to the applicant within the legal deadline are deemed as assimilated administrative acts which may be interdicted according to the provisions of this law, the question arises as to the delimitation of the scope of these notions, in order to verify to what extent the conditions are fulfilled in this case for the purposes of enforcing the special procedure.

In this regard, the Court considers that the silence of the administration produces the effects provided under the Government Emergency Ordinance no. 27/2003 when the defendant administrative authority does not serve any written communication to the applicant. Such a conclusion is enshrined by the provisions of art. 7 of the Government Emergency Ordinance no. 27/2003: "after the expiry of the...