Key Benefits:
Publics concerned: all public.
Subject: procedures in which the silence of the administration is rejected on the basis of the decision or good administration.
Entry into force: The text applies to applications filed as of November 12, 2014.
Notice: The law of 12 November 2013 enabling the Government to simplify the relations between the administration and the citizens provides that silence kept for more than two months by the administration on a request is accepted. Derogations to this principle may be provided for reasons that are the subject of the decision or for reasons of good administration. The decree specifies the list of procedures, under the Ministry of Foreign Affairs and International Development, in which the silence of the administration will continue to be a decision of rejection. On November 12, 2014, some 1,200 procedures will fall under the principle of silence is accepted.
References: The decree is available on the website Légifrance (http://www.legifrance.gouv.fr).
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs and International Development,
Vu la Act No. 2000-321 of 12 April 2000 relating to the rights of citizens in their relations with the administrations, in particular Article 21 II in its writing resulting from theArticle 1 of Act No. 2013-1005 of 12 November 2013 enabling the Government to simplify the relations between administration and citizens;
Considering the open consultation held from October 3 to 18, 2014 pursuant toArticle 16 of Law No. 2011-525 of 17 May 2011 simplification and improvement of the quality of law;
Considering the opinion of the executive council of Saint-Barthélemy of 2 October 2014;
Considering the opinion of the executive council of Saint-Martin dated 7 October 2014;
The State Council (Finance Section) heard;
The Council of Ministers heard,
Decrete:
Implementation II of Article 21 of the Act of 12 April 2000 referred to above, the silence kept by the administration is a decision to reject the applications listed in the annex to this decree.
I. - Without prejudice to its full application of law in other cases, this decree is applicable to Saint-Barthélemy and Saint-Martin for requests for a laissez-passer submitted by foreigners.
II. - This Order is applicable in New Caledonia, French Polynesia, the Wallis and Futuna Islands and in the French Southern and Antarctic Lands for the applications mentioned in Article 1 that fall within the procedures that are applicable in New Caledonia or in those communities.
The provisions of this Order apply to applications filed as of November 12, 2014.
The Prime Minister, the Minister for Foreign Affairs and International Development, the Minister of the Overseas and the Secretary of State for State Reform and Simplification are responsible, each with regard to him, for the implementation of this decree, which will be published in the Official Journal of the French Republic.
Annex
| Registration of a student in a direct management institution. | Article L. 452-2 of the education code. | |
| Registration for the French register established outside France. | Decree No. 2003-1377 of 31 December 2003 relating to registration in the French register established outside France. | |
| Registration on the consular list. | Decree No. 2005-1613 of 22 December 2005 Implementation Act No. 76-97 of 31 January 1976 relating to the consular electoral lists and the vote of the French established outside France for the election of the President of the Republic. | |
| Delivering a pass. | Decree No. 2004-1543 of 30 December 2004 relating to the duties of heads of consular post in respect of travel titles. |
Done on 23 October 2014.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister for Foreign Affairs and International Development,
Laurent Fabius
Minister of Overseas,
George Pau-Langevin
State Secretary for State Reform and Simplification,
Thierry Mandon
