LEGAL VALUE OF SILENCE IN ADMINISTRATIVE LAW Cover Image

LEGAL VALUE OF SILENCE IN ADMINISTRATIVE LAW
LEGAL VALUE OF SILENCE IN ADMINISTRATIVE LAW

Author(s): Elena Emilia Ștefan
Subject(s): Law, Constitution, Jurisprudence, Administrative Law
Published by: Editura Bibliotheca
Keywords: the silence of the administration; the silent approval; legal fiction; presumption; Constitution;

Summary/Abstract: In common language, to any question there are three possible answers: affirmative, negative or abstaining. Legally, we get “silence“ more and more, which gets legal signification in many law branches not only in administrative law and not just nationally. Therefore, this is the pretext from which we start our study, the curiosity of knowing how “silence“ works from the legal point of view under the silent approval form and in other regulated situations. This study is multi disciplinary containing elements from constitutional law, administrative law, European Union law, civil or criminal law being at the interference between public law and private law. The scientific methods that we are going to use are diverse and combined, utilizing both qualitative and quantitative methods used in law, such as: comparative method, deduction, statistics, observation etc. The documentation sources include, as it is natural: legislation, doctrine and jurisprudence. Finally, we will find the conclusions that come out of the performed analysis.

  • Issue Year: 2018
  • Issue No: SI
  • Page Range: 266-272
  • Page Count: 7
  • Language: English
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