President Rumen Radev referred to the Constitutional Court a request for separate provisions of the Law for amendment and supplement of the Administrative Procedure Code to be declared unconstitutional and for non-conforming to international treaties.

снимка: БГНЕС

снимка: БГНЕС

The publicity of court hearings is such an essential principle of justice that it is proclaimed in Art. 121, para. 3 of the Constitution. The right of every person to publicly examine his case is explicitly stated in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Convention for the Protection of Human Rights and Fundamental Freedoms. With the proposed changes, this basic principle of publicity and transparency becomes an exception. Therefore, § 55 of the APC APC, which introduces the principle of closed hearings in cases adjudicated on three-member chambers of the Supreme Administrative Court as second instance, does not comply with the Constitution and the international treaties.

президентство

The head of state is challenging the rules in place for generic and local jurisdiction in administrative matters. These rules create barriers to justice for citizens and organizations and do not provide easier, faster and cheaper access to justice. They therefore do not comply with the rule of law and the rights of the defense.
The publicity of court hearings is such an essential principle of justice that it is proclaimed in Art. 121, para. 3 of the Constitution. The right of every person to publicly examine his case is explicitly stated in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Convention for the Protection of Human Rights and Fundamental Freedoms. With the proposed changes, this basic principle of publicity and transparency becomes an exception. Therefore, § 55 of the APC APC, which introduces the principle of closed hearings in cases adjudicated on three-member chambers of the Supreme Administrative Court as second instance, does not comply with the Constitution and the international treaties.

конституционен съд

The introduction of a proportional fee on an “identifiable material interest” in the cassation proceedings in administrative cases does not take into account the specificity of these cases with Section 57 of the APC APC, which is proportionate in the matter of administrative law. Legitimacy is not a service that a rule of law confers upon citizens, but a prerequisite for its existence.

The right to challenge an administrative act, as well as the right to cassation challenge to a first instance judgment, are means of protecting citizens and legal persons against a vicious state legal act. The removal of the cassation instance in court cases in administrative cases weakens this defense, which is inadmissible when it comes to constitutionally proclaimed rights. For these reasons, the request denies the abolition of the cassation instance in the Access to Public Information Act, the Social Assistance Act, the Children’s Family Assistance Act, the Social Security Code, the Law on Legal Aid, the Agricultural Land Conservation Act and the Taxation Act -protection and procedural code.

The full text of the request of the President of the Republic of Bulgaria Rumen Radev to the Constitutional Court of the Republic of Bulgaria for the establishment of the unconstitutionality of provisions of the Law for amendment and supplement of the Administrative Procedure Code can be found on the website of the presidential institution.


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