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Legal and Administrative Challenges of Administrative Silence in Slovenia

2020
The administrative silence is unlawful and unethical conduct of public authorities that threatens the public interest and the rights of the parties. According to the Slovenian Procedure Act, silence occurs when an authority fails to issue an act to complete the procedure in due time. GAPA sets a general time limit of two months.
Tina Sever   +2 more
exaly   +2 more sources

Administrative Silence: A Polish Perspective

2020
The chapter offers the analysis of regulations and practice concerning administrative silence in Poland. Generally, the Polish legislator uses two normative strategies for preventing and combating the pathology of inactivity or excessive duration of proceeding: (1) an urging claim, followed by an inactivity complaint to the administrative court or (2 ...
Kurczewska, Kamilla   +3 more
exaly   +3 more sources

Administrative Silence in Portugal

2020
Following the Portuguese Constitution (1976), two successive Administrative Procedure Acts (1991 and 2015), and a profound reform of the system of Administrative Courts (2004), the Portuguese system has tried to overcome, or at least manage, the historical difficulties in dealing with timeliness of administrative decisions, and generally ...
Miguel Assis Raimundo   +3 more
exaly   +2 more sources

Consequences of administrative silence in public administration

Seer, 2017
This article reviews the problem of administrative silence that has significant negative consequences regarding the administration and fulfilment of the basic principles of administrative procedures related to citizens’ rights. The article highlights the situation of when a citizen or legal entity has filed a submission with an administrative body ...
exaly   +2 more sources

Administrative Silence in Germany

2020
This chapter analyzes administrative silence in Germany from a legal and an empirical perspective. At legal level, it focuses on the administrative procedure acts to determine their approach on timeliness. While administrative procedure acts do provide for timeliness, neither installs a general deadline.
exaly   +2 more sources

Administrative Silence in Croatia: Between Fiction and Reality

2020
The chapter presents and analyses the legal framework as well as the administrative and judicial practice with regard to the administrative silence. Starting from the historical development of the institute and attitudes of legal scholarship, the paper explores the issue of timelines of administrative procedure, followed by the presentation and ...
Anamarija Musa
exaly   +3 more sources

The Privilege of Silence in Serbian Administrative Law

2020
The paper describes various types of administrative silence, deadlines, and the functioning of the negative and positive presumption of administrative silence. It further provides a detailed overview of the “remedies concerning administrative silence”—the administrative appeals and the lawsuits to the Administrative Court, as well as the “remedies ...
exaly   +2 more sources

Administrative Silence in Lithuania: Case Law and Data from the Administrative Oversight Institutions

2020
Administrative silence is a phenomenon which contemporary legal systems based on the rule of law, good governance and respect for human rights can no longer afford themselves to ignore. Even if no panacea to this pernicious practice can be found, by uncovering the scope and identifying the reasons for its manifestations in various fields of public ...
Mantas Bileisis
exaly   +2 more sources

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