In Search of an Effective Model:A Comparative Outlook on Administrative Silence in Europe

Public administration inactivity, or in other words the excessive length of administrative proceedings, is not a new phenomenon; however, it appears to be of limited interest for comparative law, and it occurred particularly as attempts to develop a European convergence in administrative procedural law in a pro-business paradigm. In this context, there were initiatives at the EU level that attributed administrative silence as a positive legal fiction—namely Directive 2006/123/EC on services in the internal market (Service Directive). The tension between silence as rejection (negative) and silence as approval (positive) is to be found not only at the level of the EU procedural law, but also at the level of the national administrative law of the Member States. In this chapter, we critically synthesize the main aspects discussed in the following chapters that deal with this topic in national setting, trying to find a red line or identify common trends among the studied jurisdictions