The silence of a incompetent administrative body and art. 58, s. 1 APC’ fiction

Author

Vasil Petrov

Annotation

The present article treats an aspect of the broader problem of the silence of the administration that has important practical consequences, as well are important for the theory of the tacit refusal of the administration. The article deals with the case in which a natural person or an organization had filed an request for an administrative act to be issued in the wrong (incompetent) administrative body, and the latter had not fulfilledits obligation to sent the request and the record to the competent administrative body. The article seeks the answer to the questions: is there a tacit administrative act here and the scope of the courts powers to deal with such cases.

Keywords

The silence of administration, tacit refusal, a request for issuance of administrative act, incompetent administrative body, sending the request and the administrative record, court powers, judicial review

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