Silent Consent: Polish Officials' Silence Now Means Approval Under New Law

A significant shift in administrative law has taken effect in Poland, with President Karol Nawrocki signing legislation that broadens the scope of "silent consent." This new regulation means that if a government authority fails to issue a decision within the legally mandated period, it will automatically be considered an approval of the citizen's request.

The law introduces a "silent consent" mechanism into 17 different statutes, impacting a wide range of administrative processes. This change is expected to streamline procedures for both individuals and businesses seeking approvals or permits. Previously, a lack of response from an authority could lead to indefinite delays, but the new rules aim to provide greater certainty and efficiency.

Examples of the new silent consent provisions include tax matters, where a tax office's failure to rule on a request for tax relief or deferral within 60 days will result in the request being granted. Similarly, for mass event permits, if the relevant authority does not issue a decision within the specified timeframe, the permit will be granted under the conditions outlined in the application. This also applies to applications for alcohol sales permits, where a lack of timely opinion from local commissions will be deemed positive.

Further changes affect financial institutions, such as small payment institutions and pawnshops supervised by the Polish Financial Supervision Authority (KNF). For small payment institutions, a lack of refusal within the registration period will allow them to commence operations. These reforms signal a move towards a more responsive and less bureaucratic administrative system in Poland, empowering citizens and entrepreneurs by reducing reliance on timely official action.