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Rule of silence means agreement (SVA): which requests are concerned?

Verified 27 January 2022 - Directorate for Legal and Administrative Information (Prime Minister)

Except in exceptional cases, if you do not receive a response from the administration after 2 months, this means that your request is accepted.

That's what we call the rule of silence means acceptance (SVA).

One online service check if the SVA rule applies to your request.

Consult the steps for which silence is an agreement

The period of 2 months shall run from the date of receipt of the application by the competent authority.

Example :

If the competent administration receives a complete application on 1er march 2022, the implied decision of acceptance takes place on 1er May 2022.

What are the exceptions?

The silent silence by administration during 2 months means is refusal (rejection decision) in the following cases:

  • The request is not for the adoption of an individual decision
  • The request is not part of a procedure provided for by a legislative or regulatory instrument
  • The application shall have the character of a complaint or an administrative appeal
  • The application is of a financial nature, except in the case of social security, in certain cases
  • The request concerns the relations between the administration and its staff
  • The request is removed from the "silence means agreement" rule by decree of the Council of State and the Council of Ministers
  • An implicit acceptance would not be compatible with the respect of France's international and European commitments, the protection of national security, the protection of freedoms and principles of constitutional value and the safeguarding of public order

The period of 2 months shall run from the date of receipt of the request by the administration initially entered.

Example :

If the administration seized receives a complete application file on 1er march 2022, the implied decision to reject takes place on 1er May 2022.

FYI  

the implied decision of acceptance or rejection may intervene in a period other than 2 months in case emergency or complex procedure.

Can an implicit decision to accept be overturned?

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At your request as a beneficiary of the decision

If the decision is unlawful

Administration shall repeal or remove an unlawful decision to accept within 4 months following the publication of the decision.

If you make a recourse dispute after a compulsory administrative appeal (Rapo), the period shall be extended until the end of the period allowed to the administration to take a decision on the Rapo.

However, the administration does not have a deadline if the following 2 conditions are met:

  • The withdrawal or repeal of the decision respects the rights of others
  • The decision withdrawn or repealed shall be replaced by a decision more favorable to the beneficiary
If the decision is legal

Administration may repeal or remove a legal decision, without any time limit, if the 2 conditions the following are completed:

  • The withdrawal or repeal of the decision respects the rights of third parties
  • The decision withdrawn or repealed is replaced by a decision that is more favorable to you

At the initiative of the administration or at the request of another person

Administration may repeal or remove an acceptance decision if the 2 conditions the following are completed:

  • The decision is illegal
  • Withdrawal or repeal shall take place within 4 months following decision-making

However, the time-limit condition shall not be required if the decision depends on a condition which is no longer met. For example, an age requirement for the applicant.