Tacit consent
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A silence procedure or tacit consent or tacit acceptance procedure (French: ''procédure d'approbation tacite''; Latin: '' qui tacet consentire videtur'', "he who is silent is taken to agree", "silence implies/means consent") is a way of formally adopting texts, often, but not exclusively in international political context. A textbook on
diplomacy Diplomacy comprises spoken or written communication by representatives of states (such as leaders and diplomats) intended to influence events in the international system.Ronald Peter Barston, ''Modern diplomacy'', Pearson Education, 2006, p. ...
describes the silence procedure thus: In the context of
international organisations An international organization or international organisation (see spelling differences), also known as an intergovernmental organization or an international institution, is a stable set of norms and rules meant to govern the behavior of states an ...
, the subject of the procedure is often a joint statement or a procedural document, a formal vote on which with the members meeting in person is deemed unnecessary. Indeed, it is often impractical to try to stage a meeting between representatives of all
member state A member state is a state that is a member of an international organization or of a federation or confederation. Since the World Trade Organization (WTO) and the International Monetary Fund (IMF) include some members that are not sovereign state ...
s either due to the limited importance of the text to be agreed upon or due to time constraints in the case of a joint declaration prompted by recent events. Organisations making extensive use of the procedure are, among others, the
European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...
,
NATO The North Atlantic Treaty Organization (NATO, ; french: Organisation du traité de l'Atlantique nord, ), also called the North Atlantic Alliance, is an intergovernmental military alliance between 30 member states – 28 European and two No ...
and the
Organization for Security and Co-operation in Europe The Organization for Security and Co-operation in Europe (OSCE) is the world's largest regional security-oriented intergovernmental organization with observer status at the United Nations. Its mandate includes issues such as arms control, pro ...
(OSCE). A
draft Draft, The Draft, or Draught may refer to: Watercraft dimensions * Draft (hull), the distance from waterline to keel of a vessel * Draft (sail), degree of curvature in a sail * Air draft, distance from waterline to the highest point on a vesse ...
version of the text is circulated among participants who have a last opportunity to propose changes or
amendment An amendment is a formal or official change made to a law, contract, constitution, or other legal document. It is based on the verb to amend, which means to change for better. Amendments can add, remove, or update parts of these agreements. The ...
s to the text. If no amendments are proposed (if no one 'breaks the silence') before the deadline of the procedure, the text is considered adopted by all participants. Often this procedure is the last step in adopting the text, after the basic premises of the text have been agreed upon in previous negotiations. 'Breaking the silence' is only a last resort in case a participant still has fundamental problems with parts of the text and is therefore the exception rather than the rule.


Council of the European Union

Article 12(2) of the Rules of Procedure of the
Council of the European Union The Council of the European Union, often referred to in the treaties and other official documents simply as the Council, and informally known as the Council of Ministers, is the third of the seven Institutions of the European Union (EU) as ...
states:


Organization for Security and Co-operation in Europe

An expression of the silence procedure is contained in Annex 1(A) "Application of a silence procedure in the Permanent Council and the Forum for Security Co-operation" of the Rules of Procedure of the OSCE (2006):


See also

*
Unanimous consent In parliamentary procedure, unanimous consent, also known as general consent, or in the case of the parliaments under the Westminster system, leave of the house (or leave of the senate), is a situation in which no member present objects to a prop ...


References

{{DEFAULTSORT:Silence Procedure Diplomacy Procedure Consent