No news is good news ! This is the idea behind the rule of “silence is agreement” that now applies to administrative procedures. According to a survey that we present to you in exclusivity, the French are aware and approve of this principle, but do not ask them to tell you more…

You can now order a card via the Internet. Find out in few clicks what social benefits you may be entitled to claim. File an application for retirement 100 % online. Pay a fine on his smartphone. More need, in addition, multiply the number of applications for social housing, or reporting to social agencies to the death of a loved one : long live the unique requests !

READ >> “Silence is agreement” : a hundred new administrative procedures soon concerned, announcement, Jean-Vincent Placed

Since 2013, the number of administrative procedures that have been simplified and dematerialized, to the delight of the users. Among the measures of so-called “shock of simplification”, one has, however, made creak many teeth : the inscription in law of the principle that silence was tantamount to agreement, when a request is made for administrative but it has no answer in two months. If the principle is attractive, its implementation was wince : the multiplicity of exceptions has made the device not very readable.

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“very good,” 43 % of respondents

But surprise, surprise : three years after the vote on the measure, in the law of November 2013 on the simplification of the relations between the administration and the citizens, it is clear that it has been well received by the French. On the one hand, they are 7 in 10 have heard of this principle of “silence is agreement”. And even 9 in 10 among those over 65.

on the other hand, they are 84 % consider that it is a “good thing” (“very good thing” : 43 % ; “pretty good thing” : 41 %). It is this that indicates to a BVA survey undertaken at the end of July for the general Secretariat for the modernisation of public action, which we will reveal the results. “Why do you find that it is a good thing ?”. Because it allows a “gain of time”, meet 32 % of the respondents having a positive opinion on the measure – it is the argument which comes up the most.

A shadow at the table : the respondents are only 12 % to know what steps are involved. It is true that the device is not obvious to understand. We are told to consider a priori that the silence is agreement, while the exceptions to the rule are more numerous than the cases where the principle applies… In an interview with The Express Your Money, the secretary of State for the Simplification Jean-Vincent Placed ad, however, that the number of exemptions is expected to decrease soon.

The silence is often even rejection

In fact, three types of exceptions exist. First, the law excludes one-half of the administrative procedures, those for which a tacit acceptance is incompatible with our international commitments and eu, or with the protection of national security and freedoms and the safeguarding of public order. Are also immediately excluded by the act the applications purely financial, such as scholarships.

The act provides, secondly, that other exceptions may be decided by decrees. Approximately 13 %[i] of the steps would be affected. The third kind of exceptions : when the silence is well worth agreement, but under a different time limit of two months normal. It is about 17 % of the procedures.

Education, real estate, sickness…

To find out if the approach that you are interested in the scope of the “silence is agreement” and know the time limits that apply, see this list. The time is not short of course as if your application is complete.

the following are examples of approaches of individuals involved :

– Request for Allocation custom of autonomy , the APA, for more than 60 years (time period : 2 months)

– Request for coziness of maternal assistant (3 months)

– Request for building permit , unless exceptions apply (2 months in the general case)

– Entry to the kindergarten or in a school out-of-sector (3 months)

– Entry to the school canteen or the host groups if they are organized by the municipality (3 months)

– Request for deferral of participation in the Day of defense and citizenship (2 months)

– Recognition of the professional character of an accident at work (1 months)

– Request for daily Allowance of parental presence , the AJPP, for a parent to stop work to care for a sick or handicapped child (3 months)

– aid Application to the payment of a a insurance supplemental health , the ACS (2 months)

Note that the “silence is agreement” could already apply to certain of these arrangements before the act, 2013 – for example for the building permit, the APA, the AJPP. Because the “silence is denial” previously in effect was, also, exceptions…

here you can Find the entire survey.

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Simplification

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[i] Digits of the commissione of the laws of the Senate, as cited in the parliamentary report.