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La décision implicite d'acceptation en droit administratif français

Abstract : The Law of 12 November 2013 enshrines the principle that "silence equals consent" in the French administration. Until then, the opposite was the rule: for more than a century, the silence of an administrative unit when solicited has meant dismissal of the request. This revolutionary principle has been presented by the Government as an efficient mean to streamline the relationship between the administration and its constituents and fight administrative inertia. The doctrinal opinion, however, has been quite suspicious about it. The critics focused on its scope, efficiency and relevancy. The determination of when this new principle is applicable fits partially into the critic, as there are numerous exceptions to the rule "silence equals consent". Despite its consecration as Law, the principle of implicit acceptance remains limited to specific matters. Then we should rather regard it as a partial principle, or even embrace the idea of two rival interpretations of the silence of the administration. Finally, the implementation of that principle relies strongly on how proactive the administration is. The legal regime of implicit acceptance is stuck between the general scheme of administrative decision and more specific rules, which makes it partially ill-adapted. The 2013 reform therefore shows mixed results, but the mechanism of implicit acceptance is still a step forward. It is a crucial lever to a wide-range reform of the administrative action.
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Submitted on : Wednesday, July 1, 2020 - 1:06:47 AM
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Armand Desprairies. La décision implicite d'acceptation en droit administratif français. Droit. Université Panthéon-Sorbonne - Paris I, 2019. Français. ⟨NNT : 2019PA01D075⟩. ⟨tel-02885755⟩



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