Analysis of "Genehmigungsfiktionen" (fictitious authorisations) as an instrument for accelerating authorisation procedures

Fictitious authorisations in administrative practice - New research project examines the opportunities and risks of accelerating procedures - How can authorisation procedures be accelerated?

The project analyses fictitious approvals as an instrument for speeding up administrative procedures. The focus is on the following questions: Does fictitious authorisation really work? What are its limits? And how could it be sensibly designed?

Background:

Fictitious authorisation as a means of speeding up procedures.Fictitious authorisations mean that an application is automatically deemed to have been approved once the deadline has expired, which is intended to simplify planning and approval procedures. Since 2008, § 42a Verwaltungsverfahrensgesetz has codified that this always requires an explicit legal ground in specialised law. The coalition agreement of the new federal government includes considerations to introduce the fictitious authorisation as a basis rule. This raises the question: Can a general application order really help to noticeably speed up procedures?

Objective:

Guidance for legislationThe aim of the project is to create a reliable basis for political decisions. We are investigating whether the authorisation fiction leads to faster procedures in practice and how applicants and authorities deal with it. One focus is on the question of whether it makes sense to introduce fictitious authorisations as a legal basis rule. The project also examines how a possible extension would affect complex procedures. This is where uncertainties exist: A fictitious authorisation does not automatically guarantee substantive legality and can be withdrawn or challenged by third parties at any time.

Procedure:

Legal and empirical analysis

The project combines legal and empirical methods:

• Analysis of the constitutional and European legal requirements
• Assessment of the legal consequences for applicants and third parties
• Interviews with authorities, companies and associations
• Evaluation of existing data on procedures with fictitious authorisations

As there are numerous specialised legal regulations, we choose a selection of areas with high practical relevance. This provides a realistic picture of the opportunities and risks of fictitious authorisations.