Similarities and differences between tacit refusal and tacit consent in the administrative process

Abstract

The article explores the similarities and differences between tacit refusal and tacit consent in administrative procedure. These are two institutes of administrative law through which the administrative procedures are concluded in the event of failure to act of administrative authority upon an application for the issuance of an administrative act. Their introduction into the legislation of European countries took place at different times and in different contexts of understanding of the relationship between applicants and administrative authorities. The different legal consequences which the two institutions entail are the reason for their comparison and for the different degree of their acceptance in theory and practice.