The Chamber rejected the efforts of the ODS to introduce the fiction of consent with the votes of the coalition

Prague – The Chamber of Deputies rejected the opposition ODS's attempt to introduce a fiction of consent into the administrative code, which aimed to compel authorities to issue decisions within 30 days. According to opponents, the proposal was too general and radical. The draft would also constitute an inadmissible amendment to several laws from various areas of administrative law. The rejection today was supported by coalition deputies in line with the government, including the KSČM and the opposition Pirates.

According to critics, the fiction of consent would be justified in construction proceedings, but it should not generally apply. It would also relate, for example, to the authorization of arms exports or decisions pertaining to children. Minister for Regional Development Klára Dostálová (for ANO) stated that her office is preparing the fiction of consent for binding opinions, which should be in effect starting this September.

The proposed amendment aimed to introduce fiction of consent for all binding opinions of authorities. If state offices did not issue a decision within 30 days, the process could continue as if they had issued a favorable opinion.

"We want the state to decide in a timely and competent manner,” defended the amendment ODS chairman Petr Fiala, who stated that the state should abide by what it demands from its citizens. ODS deputy chairman Martin Kupka pointed out that in the case of electronic sales records, the state gives entrepreneurs five or six days to fulfill the obligations under threat of penalties, while authorities face no fines for sometimes months-long delays.

According to critics, the amendment was based on an insufficiently assessed legal status because it is limited to a general statement that the institution of binding opinions presents many obstacles and problems in today's legal practice. The proposal allegedly also contains several specific deficiencies that would prevent its smooth application in practice.