ACCORDING TO APPLICATION ON ADMINISTRATIVE PROCEDURE LAW ARTICLE 11, THE EFFECT ON TERM OF LIGILATION OF CLEAR REJECT RESPONSE UPON IMLICIT REFUSAL

This article contains a settled but controversial case-law on the duration of the Council of State’s proceedings. It has been tried to put forth the absolute importance of rejection of the implied existence and rejection of the Council of State. Views from the doctrine on the same issue are also included. Then a new decision was made to change the old case-law of the Council of State. This decision was also included in the case law of the European Court of Human Rights. This new decision is a positive development in the sense of the rule of law and freedom of right seeking