Vincenzo De Falco

Le silence vaut acceptation in France. Comparative Analysis in relation to the Italian experience.

  • Abstract

Informations and abstract

Keywords: Administrative Action; Unreasonable Delay; Silence; European Influence; Application in France Law in Relation to the Italian Experience.

The essay deals with the main problems existing in France about the application of "silence vaut acceptation". In this country, the traditional framework attributed the meaning of rejection to the mere passage of a fixed time, without that the administration had issued a decision about a private petition. With act n. 1005 of 2013, the general rule was reversed and it was introduced the principle which conferred to administrative inertia the value of acceptance. The author, in comparison with the Italian experience, examines the impact of the new provisions on the rules in force, identifies the main aspects of the tacit authorizations, and analyzes the obstacles that can be determined by the limited effectiveness of this type of simplification in France.

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