I successfully challenged a tacit refusal, but the authority still has not replied. Does silence now mean consent?
Two judgments that look alike may have different effects. In one, the authority must establish more facts. In the other, the court has already found that the conditions for the decision you requested are satisfied.
When does Article 173(5) of the Administrative Procedure Code apply?
Check whether the court set aside a tacit refusal, returned the file to the authority and specified a deadline for a fresh decision. If the authority misses that deadline, the law provides for tacit consent if the court found that the substantive conditions for issuing the decision on the terms requested were met. The operative part setting aside the refusal may not establish that on its own: read the court’s reasons as well.
How do you show exactly what you requested?
Keep the application, all attachments, any clarifications and filing reference numbers. Obtain a copy of the judgment and establish when the authority received the file back. Compare your request with what the court actually found. Before starting an activity requiring authorisation, also check the relevant special legislation, third-party rights and how the outcome is formally certified. Do not assume this special rule applies when the authority first fails to reply.
Legal source: Bulgarian Administrative Procedure Code, Articles 58 and 173.
For advice on your case, contact Mihail Tomov or another lawyer at Tomovi Law Firm.