When a public authority does not decide within the statutory period, Bulgarian law may treat its silence as a refusal or, in expressly defined cases, as consent. A separate remedy applies where an authority fails to perform a factual act it is legally required to carry out.
Implied Refusal
Under the Administrative Procedure Code, an implied refusal or implied consent is generally challenged within two months after the authority's time limit for deciding has expired. The first step is to establish when a valid application was filed, which authority was competent and what decision period applies under any special legislation.
Failure to Act
A failure to perform a required factual act is addressed differently from an appeal against an implied refusal. It is important to determine whether the duty arises directly from law and whether the necessary request has been made.
Practical Result
The court may annul an implied refusal and return the file for a decision, or order the authority to perform the required act. The proceedings do not guarantee a favourable administrative decision, but require the administration to act lawfully.
Consultation
Please provide the application, its incoming reference number, all correspondence and evidence of filing.
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