Administrative Silence – Historical Treatment and Comparative Perspective in EU Countries and Developing Nations, Including Albania

Abstract: The institution of administrative silence, reflecting the lack of response from public administration to requests made by citizens or legal entities, has undergone significant evolutionary phases at the international level. Initially considered as inaction without legal consequence, it has evolved into a concept interpreted as either implied refusal or, in certain cases, tacit approval. This paper examines the historical development of administrative silence, its legal treatment in the legislation of EU member states, developing countries such as Albania, Kosovo, and North Macedonia, and provides a systematic comparison of these approaches. Relying on relevant jurisprudence and literature, contemporary trends, implementation challenges, and recommendations for improvement are identified. 🔑 Key Concept Administrative silence refers to the failure of a public administration to respond to a request within the legal time limit, resulting in various legal consequences. It has evolved from being unrecognized, to being treated as implied refusal, and more recently as tacit approval, especially in EU countries. In Albania and the region, the refusal model still dominates; therefore, legal and administrative framework improvements are recommended to enhance efficiency and protect citizens’ rights.