Rule of silence means agreement (SVA): which requests are concerned?
Verified 06 December 2023 - Legal and Administrative Information Directorate (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.
The time limit of 2 months run from date of receipt of the request by the competent administration.
If the competent administration receives a complete application on 1er march 2024, the implied decision of acceptance takes place on 1er May 2024.
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 claim is of a financial nature (e.g. a claim for compensation), except in certain cases concerning social security
- 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 run from date of receipt of the request by the administration initially seized.
If the administration seized receives a complete application file on 1er march 2024, the implied decision to reject takes place on 1er May 2024.
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?
Répondez aux questions successives et les réponses s’afficheront automatiquement
At your request as a beneficiary of the decision
If the decision is unlawful
The administration should repeal or remove one illegal decision to accept in the 4 months following the publication of the decision.
If you make a recourse dispute after a compulsory administrative appeal (Rapo), on time limit is prolonged until the end of the period allowed to the administration to take a decision on the Rapo.
However, the administration has no deadline to meet if the 2 conditions the following are completed:
- 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 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 one 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 is not required if the decision depends on a condition that is no longer met. For example, an age requirement for the applicant.
Who can help me?
Find who can answer your questions in your region
- Code of relations between the public and the administration: Articles L231-1 to D231-3Principle of silence is acceptance
- Code of relations between the public and the administration: Articles L231-4 to L231-5Exceptions to the rule of silence as acceptance
- Code of relations between the public and the administration: Article L231-6Different time-limits for the acquisition of the implied decision to accept or reject
- Code of relations between the public and the administration: Articles L232-1 to L232-3Issue of a certificate and completion of publicity measures
- Code of relations between the public and the administration: Articles L242-1 to L242-2Time-limit for withdrawal or repeal of a decision to accept
- Code of relations between the public and the administration: Article R*311-12Requests for access to documents or information
- Decree No. 2014-1292 of 23 October 2014 on exceptions to the principle of "silence means acceptance" and exceptions to the 2-month period of birth of implied decisions (domestic)
- Judgment of the Court of Cassation - Commercial, Financial and Economic Chamber - n°22-19.952 of 15 November 2023
- Ministerial reply of 13 February 2020 on the application of the principle of "silence means agreement"
- Administrative appealService-Public.fr
- Take legal action against the administrationService-Public.fr
- Send a request to the administration by mail or paper formService-Public.fr
- Send a request to the administration by email or internetService-Public.fr
- Obligation to state reasons for an administrative decisionService-Public.fr
- Access to administrative documentsService-Public.fr