Short considerations on the tacit approval procedure

• Author: Elena Emilia Stefan
• Position: University tutor, Faculty of Law, 'Nicolae Titulescu' University, Bucharest, Romania
• Pages: 68-78

68 Lex ET Scientia. Juridical Series

LESIJ NO. XVII, VOL. 2/2010

SHORT CONSIDERATIONS ON THE TACIT APPROVAL PROCEDURE

Elena Emilia ŞTEFAN1∗

Abstract

The publication in the Official Gazette of Law no.157/12 July 2010 amending and

supplementing the Government Emergency Ordinance no. 27/2003 on the tacit approval

procedure, gave us the occasion to start this demarche by which we tried to present the main

changes of substance caused to the public administration activity and their impact on the

improvement of the business environment. In this paper we will specify what the regulatory scope

of this law is, we will define the notion of authorization and will analyze whether the

administration can be sanctioned for passiveness in its relationship with the citizen. Last but no

least, we will conclude by presenting procedural details in solving disputes regarding the issue of

authorizations that fall within the scope of the tacit approval procedure.

Keywords: public service, tacit approval, authorization, obligation to publish information,

obligation to communicate information

Introduction

In the following, we aim at presenting the tacit approval procedure, as seen from the

perspective of the Romanian law, considering the existing institutional framework.

A scientifically rigorous approach determines us, before proceeding to the analysis of the

subject itself, to make a short presentation of the public service and of the principles of operation

of public services.

In other words, the preface of this theme aims at describing the institutional framework of

the good administration concept, analyzed simultaneously with the code of conduct for public

servants (I)

The central axis of this paper consists in the analysis of the content of the Government

Emergency Ordinance no. 27/20032 on the tacit approval procedure, as seen from the perspective

of the new changes caused to it by Law no. 157/12 July 20103 (II).

The usefulness of this paper is due to its intent of highlighting the novelties brought in the

matter as concerns the following: procedural details in issuing the authorizations falling under the

scope of tacit approval procedure, the impact of these changes on the business environment and on

the public administration activity in general.

Finally, we aim at making a synthesis of the conclusions deriving from our analysis (III).

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∗ University tutor, Faculty of Law, “Nicolae Titulescu” University, Bucharest, Romania, e-mail:

stefanelena@gmail.com

2 Government Emergency Ordinance no. 27/2003 on the tacit approval procedure, published in the Official

Gazette no. 291/25 April 2003

3 Law no. 157/12 July 2010 amending and supplementing the Government Emergency Ordinance no.

27/2003 on the tacit approval procedure, published in the Official Gazette no. 496/19.07.2010