Issuance of Administrative Acts by Bulgarian Authorities: Procedural Requirements Regarding the Participation of the General Public in the Process and Common Violations as Seen by National Courts

Donka Stoyanova

Titles

Abstract

The work of the administration should serve the interests of the parties involved and of the public. That very need for proportionate and reasonable actions of the administration has led to establishing one of the basic principles in the process of issuing administrative acts, the participation of the interested parties in the procedure before the administrative authority. This is achieved by the requirement that, before issuing the act, the authority is to gather the opinions and statements of the members of the public who will be affected by it and to reflect them in the final act. The guarantee that members of the public will be allowed to participate in the procedure and influence the final content of the act is the judicial review of the administrative act.

Keywords

administrative activity, public interest, individual administrative act, general administrative act, normative administrative act, participation of members of the public

participation of members of the public, administrative activity, public interest, individual administrative act, general administrative act, normative administrative act

References

Code of Administrative Procedure, OJ, issue No. 30 of 11.04.2006, last amendment OJ issue No. 74 of 20 September 2016.

Decision 9327 of 27 June 2012, case 10300/2011, Cassation Panel of the Supreme Administrative Court of Bulgaria.

Decision No. 209 of 8 January 2013, case 6630/2012, Cassation Panel of the Supreme Administrative Court of Bulgaria.

Decision 7707 of 25 June 2015, case 1132/2015 of Cassation Panel of the Supreme Administrative Court of Bulgaria.

Decision 3444 of 12 March 2013, case 1258/2012, Third Division of Supreme Administrative Court of Bulgaria.

Elenkov A., Angelov A., Djulgerov A., Disheva A., Panov L., Kazandzhieva M., Yankulova S., Nikolova T., Kovacheva J., Administrative Procedure Code, Systematic comments and analysis of the case law, “Trud iPravo” Publishing House, Sofia 2013.

European Court of Human Rights, Judgement of 23 May 2006, Case of Riener vs. Bulgaria, appl. 46343/99.

European Court of Human Rights, Judgement of 26 February 2010, case of Gochev vs. Bulgaria, appl. 34383/03.

OECD, Administrative Procedures and the Supervision of Administration in Hungary, Poland, Bulgaria, Estonia and Albania, SIGMA Papers, No. 17, OECD Publishing, Paris 1997, http://dx.doi.org/10.1787/5kml6198lvkf-en.

The Internet site supported by the Public Consultations Portal can be found at www.strategy.bg.

Normative Acts Law, OJ, issue No. 27 of 03 April 1973, last amendment OJ, issue No. 34 of 3 May 2016.

The Constitution of the Republic of Bulgaria, OJ, issue No. 56 of 13 July 1991, last amendment OJ, issue No. 100 of 18 December 2015.

Information

Information: Public Administration Yearbook, 2017, 2017 (3), pp. 393 - 404

DOI: https://doi.org/10.4467/24497800RAP.17.023.7074

Article type: Original article

Titles:

Polish:

Issuance of Administrative Acts by Bulgarian Authorities: Procedural Requirements Regarding the Participation of the General Public in the Process and Common Violations as Seen by National Courts

English:

Issuance of Administrative Acts by Bulgarian Authorities: Procedural Requirements Regarding the Participation of the General Public in the Process and Common Violations as Seen by National Courts

Authors

Donka Stoyanova

Bulgarian Academy of Sciences, Institute for Legal Studies Sofia, Bulgaria 28 Todor Alexandrov Blvd., Bulgarian Academy of Sciences, Bulgaria
Bulgaria

Published at: 16.10.2017

Article status: Open

Licence: None

Percentage share of authors:

Donka Stoyanova (Author) - 100%

Article corrections:

-

Publication languages:

English

View count: 1407

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