L’attestazione della formazione del silenzio assenso: tra “certezze pubbliche” e incertezze applicative

Abstract

The author offers a study on the certification of tacit consent formation, as provided for by Article 20, paragraph 2-bis, Law No. 241/1990, analyzing its framing as an instrument for the production of public certainty. In a context of uncertainties that characterize tacit consent, the legal instrument under this research risks raising further uncertainties and requires a systematization that allows for the verification of its real utility. Issues such as the relationship with the various administrative powers, both first and second instance, with which the certification of tacit consent interacts are analyzed. Finally, the critical points and interpretative solutions underlying the private self- declaration that, after ten days from the applicant's request, "replaces" the certification are examined, in order to develop conclusive and reconstructive considerations of the examined legal instruments.