Reducing the administrative and regulatory burden and improving the business environment has always been one of the main commitments of the people in power. These principles have been written in the Programme „Statehood, Development, Justice – Economic and Social Priorities of the Government of the Republic of Bulgaria.“ They are present in the Strategy for Development of Public Administration 2014-2020, as well as in many other supposedly key documents. But this is only in theory. Actually officials continue to twist the hands of businesses and keep hinder companies with their whims or laziness, knowing that no one can penalize them back. The set to be abolished regulatory regimes on their part still siphon more than 100 million levs per year from businesses and citizens, and the execution of dozens of measures is postponed indefinitely due to absolutely unclear reasons.
Undoubtedly one of the most important tools for limiting the administrative burden is the principle of the so-called tacit ascent. It is manifested in that it disciplines officials to decide within certain deadlines upon provision of services and activities allowing companies not to stop their projects because of a silence coming from a bureaucrat. This principle is referred to in a number of acts of the European Union, the main one of which is 2006/123 Directive of the European Parliament of 12 December 2006 on services in the internal market. According to it, if not otherwise stated, the lack of response after a certain period of time should be considered for authorization and a ‘yes’. That directive was transposed supposedly ‘successfully’ in Bulgarian legislation through the Act on Activities for Providing Services, but in practice it is just on paper and does not lead to real benefits for society.
In fact, the Administrative Procedure Code in the country – tacit refusal is established as the universal rule. This means that an administration’s failure to decide within a certain period it is believed that the administration has refused to issue the act. This was the case half a century ago, the same is now. After countless adjustments to the piece of legislation in question in 2006 the term „tacit consent“ did sneak in (Article 58, paragraph 4), but it applies only in cases and under the conditions provided for in special laws. However, such laws have not been passed until today. In other words, this is a legislative text that makes no practical sense and therefore does not apply to real situation. The same is with the Act on Limitation of Administrative Regulation and Administrative Control on Economic Activity. It provides for a tacit consent to the authorization and issuance of certificates of one-off transactions or actions „unless the law provides otherwise.“
„Notwithstanding the provisions of Directive 2006/123 and the consequent obligation, in general the tacit consent principle has not been introduced in Bulgaria. This is due to the fact that the three cited laws are general and according to the universal law, the principles of the special laws override overrule the general laws. Virtually all administrative services and procedures are established in the respective special laws. However, they lack the explicit statement that tacit consent is used in the procedures as required by the Administrative Procedure Code and the Law on Limiting Administrative Regulation and Administrative Control on Economic Activity and practically the general principle of tacit refusal remains in force,“ confirmed the absurd situation the Deputy Prime Minister in the former Government Daniela Bobeva.
Otherwise, the introduction of European practice is embedded in the three-year Action Plan for National Development Programme „Bulgaria 2020“ in the period from 2014 to 2016. What was envisaged was an analysis of the special laws and the identification and implementation by the end of 2015 of a tacit agreement procedure for a minimum of 20 services. Moreover, by order of the former Minister of Economy and Energy Dragomir Stoynev a working group was set up to prepare this analysis and to present proposals for legislation in which this principle is introduced, but it was able to identify only 11 regulatory regimes.
We should not miss the fact that the letter was sent to all ministers of the previous government to submit proposals for regimes in which to establish the rule. These have not been received. Which is a clear evidence that the administration does not like the holding of such a revolution and officials are trying their best to keep the status quo.
„The main reason for the lack of new proposals may be rooted in a misunderstanding of the meaning of tacit assent and unfounded fears of experts in the administration of the consequences of its introduction,“ said Bobeva. It also explains that the meeting of the Council for Administrative Reform, held on June 19, 2014 took a decision that within one week all its members had to review and propose additional measures for the implementation of the principle of tacit consent in special laws. But as ridiculous as it sounds, these again were not made.
„The Minister of Economy and Energy Dragomir Stoynev sent me a report, created by a working group in which a list of the 53 registration regimes was included where to introduce the principle of the tacit consent. After further analysis and application of the principle services for which it is introduced to be relatively often required, the Office of the Council for Administrative Reform prepared a list of ten regulatory regimes for which the introduction of tacit assent would have a significant effect“ Bobeva said.
So, just on the last working day of the Government of former PM Oresharski (August 5) a decision was prepared on the application of that principle when providing services to businesses. Now caretaker Government has only to approve it. If this happens, in the future if no decision is announced by the officials, this fact will be deemed to be a consent to registration of a farmer, for example. In 2013, a total of 78,703 such applications were made and there is no doubt that such a measure would have huge effect.
The BANKER
