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Author
Annotation
With the amendments to the APC of 2025, three more factual situations were introduced in which tacit consent occurs. According to para. 5 of art. 173 APC, in the cases under para. 2–4 of the same article, when the court revokes a tacit refusal and sends the file to the administrative body for a new ruling, if the body does not rule within the time limit specified by the court, the failure to rule is considered tacit consent in cases where the court has established that the substantive legal prerequisites for issuing an act with the content requested by the applicant are present. The referenced paras. 2–4 regulate hypotheses when the body has operational autonomy or the nature of the act does not allow the court to decide the issue on the merits, or to issue a given act itself, and it sends the file to the competent administrative body.
Keywords
tacit consent
