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Bulgarian Administrative Procedure code, part 3
Last update: 2008-08-21 02:47:47
TITLE THREE
PROCEEDINGS BEFORE THE COURT
(Effective 1.03.2007)
Chapter Nine
Initiation of Proceedings
Article 126. Court proceedings shall be initiated on a motion by a person concerned or by the prosecutor in the cases specified in this Code or in another law.
Denial of Justice Prohibited
Article 127. (1) The courts shall be obligated to consider and adjudicate, within a reasonable time, in each motion submitted thereto.
(2) The court may not deny justice under the pretext that there is no legal standard on the basis of which they can adjudicate in the motion.
Jurisdiction
Article 128. (1) The administrative courts shall have jurisdiction over all cases on motions for:
1. issuance, modification, revocation or declaration of nullity of administrative acts;
2. declaration of nullity or voidance of settlements under this Code;
3. remedies against unwarranted actions and omissions by the administration;
4. protection against wrongful coercive enforcement;
5. compensation for detriment resulting from legally non-conforming acts, actions and omissions by administrative authorities and officials;
6. compensation for detriment resulting from coercive enforcement;
7. declaration of nullity, invalidation or reversal of judgments rendered by the administrative courts;
8. establishment of the falsity of administrative acts under this Code.
(2) Everyone can bring a legal action for ascertainment of the existence or non-existence of an administrative right or legal relation, where he or she has standing and no other remedial procedure is available thereto.
(3) Any administrative acts, whereby the national foreign policy, defence and security are immediately implemented, shall not be subject to judicial appeal, save as otherwise provided for in a law.
Joinder of Appeals
Article 129. (1) If the legal conformity of an administrative act or of a refusal to issue an administrative act has been contested simultaneously before a superior administrative authority and before a court, the appeals shall be joined into a single proceeding under the jurisdiction of the court.
(2) The rule under Paragraph (1) shall not apply where the expediency of the administrative act has been contested by the appeal before the superior administrative authority. In such case, if a court proceeding has been instituted as well, the said proceeding shall be suspended until pronouncement by the superior administrative authority.
Jurisdiction Disputes
Article 130. (1) The administrative court shall have discretion to determine whether the case instituted is entertainable thereby or by another authority outside the court system.
(2) No other authority shall have the right to admit for consideration a case which is already being examined by the court.
(3) The question as to whether a case instituted is entertainable by the administrative court or by another authority outside the court system may be raised during any stage of the proceeding and ex officio by the court.
(4) Should the court find that the case is outside its jurisdiction, the court shall transmit the case to the competent authority. The order or ruling shall be contestable by an interlocutory appeal by the parties and by the authority whereto the case has been transmitted.
Proceedings in Two Instances
Article 131. Court proceedings under this Code shall be conducted in two instances, save as otherwise established in the said Code or in another law.
Generic Cognizance
Article 132. (1) The administrative courts shall take cognizance of all administrative cases with the exception of such cognizable in the Supreme Administrative Court.
(2) The following shall be cognizable in the Supreme Administrative Court:
1. the contestations of the statutory instruments of secondary legislation, except such issued by the municipal councils;
2. the contestations of acts of the Council of Ministers, the Prime minister, the Deputy Prime Ministers and the government ministers;
3. the contestations of decisions of the Supreme Judicial Council;
4. the contestations of acts of the bodies of the Bulgarian National Bank;
5. cassation appeals and protests against first-instance judgments of court;
6. interlocutory appeals against rulings and orders;
7. motions for reversal of effective judicial acts on administrative cases;
8. the contestations of other acts specified in a law.
Territorial Cognizance
Article 133. (1) The cases shall be examined by the administrative court within whose geographical jurisdiction the seat of the authority which issued the contested administrative act is located, and where the said seat is located abroad, by the Sofia City Administrative Court.
(2) The legal actions for compensation may furthermore be brought before the court within whose geographical jurisdiction the address or registered office of the appellant is located, except where the said actions are joined with a contestation under Paragraph (1).
(3) Where the competent court is not in a position to examine the case, the Supreme Administrative Court shall decree the transmittal of the said case to a neighbouring administrative court.
Compulsory Cognizance
Article 134. (1) The cognizance determined by the law may not be altered by agreement between the persons participating in the case.
(2) An objection to the territorial cognizance of the court may be lodged not later than at the first hearing before the court of first instance.
Cognizance Disputes
Article 135. (1) Each court shall have discretion to determine whether a case brought before it is cognizable therein.
(2) Should the court find that the case is not cognizable therein, the court shall transmit the said case to the competent court. In such case, the case shall be considered instituted as from the day on which the case is brought before the non-competent court, and the actions performed by the said court shall retain the force thereof.
(3) Any cognizance disputes between administrative courts shall be settled by the Supreme Administrative Court or, should a three-judge panel of the Supreme Administrative Court be party to any such dispute, by a five-judge panel of the said Court.
(4) Any cognizance disputes between the ordinary and the administrative courts shall be settled by a panel consisting of three representatives of the Supreme Court of Cassation and two representatives of the Supreme Administrative Court.
(5) If the court whereto the case has been transmitted finds that the said case is not cognizable therein, the said court shall transmit the said case to the court referred to in Paragraph (3) or in Paragraph (4), as the case may be, for determination of cognizance.
(6) Where the court whereto the case has been transmitted according to the procedure established by Paragraph (2) finds that the said case is cognizable in a third court, the said court shall transmit the said case to the court or panel referred to in Paragraph (3) or (4), depending on the position of the third court, for determination of cognizance.
(7) Any rulings rendered on cognizance disputes shall be unappealable.
Compulsory Representation
Article 136. (1) Where more than ten persons with identical interests, who are not represented by an authorized representative, participate in the case, the court may obligate the said person to name, within a reasonable time limit, a joint authorized representative from amongst themselves. If the said persons fail to name such an authorized representative, the court, acting on its own initiative, shall appoint a joint legal counsel to represent the said persons in the court proceedings.
(2) The procedural actions of the party shall take precedence of the procedural actions of the joint authorized representative or legal counsel.
(3) The representative authority of the joint legal counsel appointed by the court shall be terminated by a declaration of the person represented by the said counsel after lapse of the prerequisites under Paragraph (1).
(4) The costs on the joint legal counsel shall be incurred by the administrative authority in proportion to the granted part of the contestation.
Summoning
Article 137. (1) A party shall be summoned at the address whereat the said party was last summoned in the proceeding before the administrative authority, unless the party has named a different address under the case.
(2) Summonses may furthermore be served on a party at an electronic mail address named thereby. Any such summonses shall be considered served upon the reception thereof in the named information system and shall be certified by a copy of the electronic record of the said reception.
(3) Where there are no addresses referred to in Paragraphs (1) and (2), the party shall be summoned at the current address thereof, and where there is no current address, at the permanent address thereof.
(4) Persons of unknown address shall be summoned by means of the State Gazette and the proceeding shall continue.
(5) Where any persons participating in the proceeding are represented by a joint authorized representative or legal counsel, summoning may be effected through the agency thereof.
(6) If identical summoning of more than ten persons who have no joint authorized representative or legal counsel has to be effected, the judge presiding the panel may order summoning through the State Gazette for the succeeding procedural actions. The said order shall be communicated to the parties.
(7) The parties who have been duly summoned shall not be sent succeeding summonses, unless the case has been adjourned in camera or the further progress of the said case has been barred.
Communications
Article 138. (1) Save insofar as otherwise provided for in this Code, the judicial acts shall be communicated to the parties by means of dispatch of transcripts of the said acts according to the procedure established by Article 137 herein.
(2) The other communications and papers under the case shall be served according to the same procedure.
Adjournment of Case
Article 139. (1) The court shall adjourn the case if a party and the authorized representative thereof are unable to appear owing to an obstacle that the party cannot remove. In such cases, the next hearing shall be scheduled within three months.
(2) Upon a second motion by the same party, the case may be adjourned, by way of exception, solely on different grounds if, considering all circumstances, the court determines that this right is not abused.
Extension of Time Limits for Appeal upon Non-conforming Communication
Article 140. (1) Where the administrative act or the communication on the issuance thereof does not specify the authority and the time limit for lodgement of an appeal, the relevant time limit for appeal under this Section shall be extended by two months.
(2) Where the administrative act or the communication on the issuance thereof erroneously states that the said act is unappealable, the time limits for lodgement of an appeal under this Section shall be extended by six months.
Presentation of Electronic Documents
Article 141. Electronic documents, signed by means of a universal electronic signature according to the procedure established by the Electronic Document and Electronic Signature Act, may be presented to the court.
Assessment of Conformity with Substantive Law
Article 142. (1) The conformity of an administrative act with the substantive law shall be assessed at the time of issuance of the said act.
(2) The ascertainment of new facts relevant to the case after the issuance of the act shall be assessed at the time the parties rest the oral arguments thereof.
Liability for Costs
Article 143. (1) Where the court revokes the appealed administrative act or refusal to issue an administrative act, the stamp duties, the court costs and the fee for one lawyer, if the appellant had retained a lawyer, shall be reimbursed from the budget of the authority which issued the revoked act or refusal.
(2) The appellant shall furthermore be entitled to be awarded costs under Paragraph (1) upon dismissal of the case by reason of a withdrawal of the administrative act contested thereby.
(3) Where the court rejects the contestation or the appellant withdraws the appeal, the party whereto the administrative act is favourable shall be entitled to be awarded costs.
(4) Where the court rejects the contestation or the appellant withdraws the appeal, the appellant shall pay all costs incurred in litigation, including the minimum fee for one lawyer fixed according to the ordinance referred to in Article 36 (2) of the Bar Act, if the other party has retained a lawyer.
Subsidiary Application of Civil Procedure Code
Article 144. The Civil Procedure Code shall apply to any matters unregulated in this Section.
Chapter Ten
FIRST-INSTANCE CONTESTATION OF ADMINISTRATIVE ACTS
Section I
Contestation of Individual Administrative Acts
Subject of Contestation
Article 145. (1) Administrative acts may be contested before the court in respect of the legal conformity of the said acts.
(2) The following shall be subject to contestation:
1. the original individual administrative act, including the refusal to issue such an act;
2. the act of the superior administrative authority, whereby an act referred to in Item 1 has been revoked or modified;
3. the decisions on requests to issue documents relevant to the recognition, exercise or extinguishment of rights or obligations.
(3) Administrative acts may be contested in whole or in separate parts thereof.
Grounds for Contestation
Article 146. Administrative acts may be contested on the following grounds:
1. lack of competence;
2. non-compliance with the established form;
3. material breach of administrative procedure rules;
4. conflict with provisions of substantive law;
5. non-conformity with the purpose of the law.
Right to Contest
Article 147. (1) The right to contest an administrative act shall vest in the individuals and organizations whereof the rights, freedoms or legitimate interests are violated or jeopardized by the said act or in respect of whom the said act gives rise to obligations.
(2) The prosecutor may lodge a protest against the act in the cases covered under Article 16 herein.
Electivity of Procedure for Contestation
Article 148. An administrative act may be contested before the court even if the possibility for administrative contestation of the said act has not been exhausted, unless otherwise provided for in this Code or in a special law.
Time Limits for Contestation
Article 149. (1) Administrative acts shall be contestable within fourteen days after the communication thereof.
(2) A tacit refusal or a tacit consent shall be contestable within one month after the expiry of the time limit where within the administrative authority was obligated to pronounce.
(3) Where the act, the tacit refusal or the tacit consent have been contested according to an administrative procedure, the time limit referred to in Paragraph (1) or in Paragraph (2), as the case may be, shall begin to run as from the communication that the superior administrative authority has rendered a decision and, if the said authority has not pronounced, as from the latest date on which the said authority should have pronounced.
(4) Where a prosecutor has not participated in the administrative proceeding, the said prosecutor may contest the act within one month after the issuance thereof.
(5) No time limitation shall apply to the contestability of administrative acts by a motion to declare the nullity thereof.
Form and Content of Appeal and Protest
Article 150. (1) An appeal and a protest shall be lodged in writing and must state:
1. specification of the court;
2. the forename, patronymic and surname, telephone number, telefax number and electronic mail address, if available - applicable to Bulgarian citizens or, respectively, the name and position of the prosecutor, the telephone number, telefax number or telex number, if available;
3. the full name and address, the personal number - applicable to a foreigner, and the address declared to the relevant administration, telephone number, telefax number and electronic mail address, if available;
4. the business name of the merchant or the designation of the legal person, written in the Bulgarian language as well, the registered office and the address of the place of management as last named in the relevant register, and the electronic mail address thereof;
5. indication of the administrative act which is contested;
6. specification of the legal non-conformity of the act;
7. essence of the request;
8. signature of the person who lodges the appeal or protest.
(2) In the appeal or protest, the contestant shall be obligated to specify the evidence which the contestant wants to be collected and to present the written evidence in the possession thereof.
Attachments
Article 151. The following shall be attached to the appeal or protest:
1. certificate of the existence and representation of an appellant organization;
2. power of attorney, where the appeal is lodged by an authorized representative;
3. documentary proof of stamp duty paid, where such is due;
4. transcripts of the appeal or protest, of the written evidence and of the attachments according to the number of the rest of the parties.
Lodgement of Appeal and Protest
Article 152. (1) The appeal or protest shall be lodged through the agency of the authority which issued the contested act.
(2) Within three days after the expiry of the time limits for contestation by the rest of the persons, the authority shall transmit the appeal or protest, together with a certified copy of the entire case file on the issuance of the act, to the court, notifying the submitter of the said transmittal.
(3) The authority shall be obligated to attach to the case file a list of the parties to the proceeding for the issuance of the administrative act, stating the addresses at which the said parties were last summoned.
(4) If the authority fails to fulfil the obligations thereof under Paragraphs (1) to (3), the court, acting on its own initiative, shall have the case file delivered on the basis of a copy of the appeal or protest.
Parties
Article 153. (1) The contestant, the authority which issued the administrative act, as well as all persons concerned, shall be parties to the case.
(2) Should the authority be closed down after the issuance of the administrative act without identifying a legal successor to the said authority, the authority empowered with the competence to issue the same acts shall be a party to the case.
(3) Should the administrative authority be deprived of competence in the matter, the court shall strike the said authority and, acting on its own initiative, shall constitute a competent authority as a party to the case.
(4) The ruling under Paragraph (3) shall be contestable by an interlocutory appeal.
Constituting the Parties
Article 154. (1) The court shall constitute the parties, acting on its own initiative.
(2) Where the administrative authority has failed to fulfil the obligation thereof under Article 152 (3) herein, the court shall set a time limit for the fulfilment of the said obligation.
Withdrawal and Abandonment of Contestation
Article 155. (1) During any stage of the proceeding, the contestant may withdraw the contestation or abandon the contestation in whole or in part.
(2) A motion to declare nullity may be withdrawn without the consent of the respondents to the appeal before the close of the first hearing of the case.
(3) A withdrawal and an abandonment of the contestation outside a court hearing shall be effected by means of a written application.
(4) Any advance waiver of the right to contest shall be void.
Withdrawal of Contested Act
Article 156. (1) During any stage of the proceeding, with the consent of the rest of the respondents, the administrative authority may withdraw the contested act in whole or in part or may issue the act which the said authority has refused to issue.
(2) The consent of the contestant as well shall have to be obtained for a withdrawal of the act after the first hearing of the case.
(3) The withdrawn act may be re-issued solely under new circumstances.
(4) Where a legal action for compensation has been joined with the contestation, the proceeding on the said action shall continue.
Institution and Scheduling of Case
Article 157. (1) The president of the court, a vice president or the head of the department shall institute the administrative case, which shall be delivered to a reporter judge. The reporter judge shall schedule the case within a period that may not exceed two months after the receipt of the appeal at the court.
(2) The reporter judge shall be designated depending on the order of receipt of the contestations at the court through an electronic distribution or in another manner of random case distribution, specified in internal rules adopted by the relevant court and publicly announced.
Verification of Conformity of Appeal and Protest
Article 158. (1) Where the appeal or protest does not conform to the requirements of Article 150 (1) and Article 151 herein, the said appeal or protest shall be left without progress, and a communication shall be sent to the contestant to cure the non-conformities within seven days.
(2) Where the addresses of the contestant and of the representative thereof are not named, the communication referred to in Paragraph (1) shall be effected by means of posting a notice at the place designated for this purpose at the court in the course of seven days.
(3) Should the non-conformities be not cured within the time limit referred to in Paragraph (1), the appeal or protest shall be left without examination by an order of the reporter judge. Where the non-conformities are detected while the proceeding is in progress, the court shall dismiss the case.
(4) The cured contestation shall be considered conforming as from the day of the submission thereof.
Verification of Admissibility of Appeal and Protest
Article 159. The appeal or protest shall be left without examination and, if a court proceeding has been instituted, it shall be terminated where:
1. the act is incontestable;
2. the contestant lacks legal personality;
3. the contested administrative act has been withdrawn;
4. the contestant has no standing to contest;
5. the contestation is overdue;
6. there is an effective judgment of court on the contestation;
7. a case has been instituted before the identical court, between the identical parties, and on identical grounds;
8. the contestation is withdrawn or abandoned.
Contestation of Act on Admissibility of Appeal and Protest
Article 160. (1) The order whereby the appeal or protest is left without examination, or the ruling whereby the case is dismissed, shall be contestable by an interlocutory appeal. A transcript of any such appeal shall not be presented if the order was rendered prior to the service of a transcript of the contestation.
(2) Interlocutory appeals shall be examined in camera and, in the cases referred to in Items 4 and 5 of Article 159 herein, any such appeals shall be examined in public session.
Resumption of Time Limit for Appeal
Article 161. (1) Within seven days after the communication that the appeal has been left without examination, a resumption of the time limit may be motioned if non-compliance with the said time limit is due to special unforeseen circumstances or to behaviour of the administration that misled the appellant. Alternatively, any such motion may be submitted with the appeal.
(2) A motion for resumption of the time limit shall cite all evidence supporting the grounds under Paragraph (1).
(3) The ruling whereby the motion referred to in Paragraph (1) is rejected shall be contestable by an interlocutory appeal. The ruling whereby the motion referred to in Paragraph (1) is granted shall be appealed together with the judgment on the case.
Communication of Act by Court
Article 162. (1) Where the administrative act has not been communicated to all persons affected, the court shall transmit a communication to the said persons and shall continue the court proceeding on the appeal, affording the said persons a possibility to defend the interests thereof.
(2) Where the contested act is favourable to the persons referred to in Paragraph (1), the court, acting on its own initiative, shall constitute the said persons as parties and shall adjourn the case if necessary.
(3) Where any appeals from the persons referred to in Paragraph (1) are received as well prior to the commencement of the oral arguments, the appeals shall be joined into a single proceeding for the rendition of a common judgment.
Service of Appeal and Protest Transcripts and Response Thereto
Article 163. (1) If the appeal or protest is admissible, the reporter judge shall order the transmittal of transcripts thereof to the parties.
(2) Within fourteen days after receipt of the transcript, each of the parties may present a written response and adduce evidence. The written evidence in the possession of the parties shall be attached to the response.
(3) Where collection of further evidence, other than such contained in the case file, is necessary for clarification of the legal dispute, the reporter judge shall instruct the relevant party on the need to collect such evidence.
Administrative Court Panel
Article 164. The administrative court shall examine the case sitting in a panel of a single judge.
Supreme Administrative Court Panel
Article 165. The Supreme Administrative Court shall examine the case sitting in a panel of three judges.
Stay of Enforcement of Administrative Act
Article 166. (1) A contestation shall stay the enforcement of the administrative act.
(2) During any stage of the proceeding until the entry into effect of the judgment, acting on a motion by the contestant, the court may stay the anticipatory enforcement admitted by an effective direction of the authority which has issued the act if the said enforcement could inflict a significant or irreparable detriment on the contestant. An enforcement admitted by a direction may be stayed solely on the basis of new circumstances.
(3) The motion referred to in Paragraph (2) shall be examined in public session. The court shall immediately render a ruling, which shall be contestable by an interlocutory appear within seven days after the delivery of the said ruling at the hearing.
Admission of Anticipatory Enforcement by Court
Article 167. (1) During any stage of the proceeding, the court may admit anticipatory enforcement of the administrative act under the terms where under the said enforcement can be admitted by the administrative authority.
(2) Where anticipatory enforcement could inflict a significant or irreparable detriment, the court may admit such enforcement subject to the condition of a payment of a security deposit at an amount set by the court.
(3) The ruling on the motion shall be appealable within three days after the communication thereof. If anticipatory enforcement is reversed, the status quo ante the enforcement shall be restored.
(4) A second motion may be submitted to the court solely on the basis of new circumstances.
Subject of Court Verification
Article 168. (1) The court shall not limit itself to consideration of the grounds stated by the contestant but shall be obligated, proceeding from the evidence presented by the parties, to verify the legal conformity of the contested administrative act of all grounds covered under Article 146 herein.
(2) The court shall declare the nullity of the act even if the court has not been approached with a motion to do so.
(3) Nullity may be declared even after the expiry of the time limit referred to in Article 149 (1) to (3) herein.
Judicial Review and Operational Autonomy
Article 169. Upon contestation of any administrative act issued in operational autonomy, the court shall verify whether the administrative authority possessed operational autonomy and whether the said authority complied with the requirement for legal conformity of administrative acts.
Burden of Proof
Article 170. (1) The administrative authority and the persons whereto the contested administrative act is favourable must establish the existence of grounds of fact specified in the said act and the fulfilment of the legal requirements upon the issuance thereof.
(2) Where a refusal to issue an administrative act is contested, the contestant must establish that the conditions for the issuance of the said act have existed.
Evidence
Article 171. (1) The evidence duly collected in the proceeding before the administrative authority shall have force before the court as well. The court may question as witnesses the persons who have provided information to the administrative authority and the experts solely if the court finds it necessary to hear the said persons directly.
(2) On a motion by the parties, the court may collect new evidence as well which are admissible under the Code of Civil Procedure. The court may also act on its own initiative when it appoints experts and orders inspection and certification.
(3) The parties shall be obligated to cooperate for establishment of the truth.
(4) The court shall be obligated to cooperate with the parties for rectification of any errors in form and any ambiguities in the statements of the parties and to instruct the said parties that certain circumstances relevant to the case do not furnish evidence.
(5) The court shall pronounce on the motions for evidence in camera. Any such motions may furthermore be granted at the first hearing of the case, should the court find it necessary to hear also the oral explanations of the parties on the evidence adduced thereby.
Judgment on Case
Article 172. (1) The court shall render judgment within one month after the hearing whereat the examination of the case was completed.
(2) The court may declare the nullity of the contested administrative act, may revoke the said act in whole or in part, may modify the said act, or may reject the contestation.
(3) Where a tacit refusal or a tacit consent is revoked, an express refusal or an express consent succeeding prior to the judgment on revocation shall likewise be considered to be revoked.
(4) The judgment shall state the names of the parties, unless the judgment is effective erga omnes.
Powers or Court upon Nullity or Revocation of Administrative Act
Article 173. (1) Where the matter does not lie within the discretion of the administrative authority, after declaring the nullity or revoking the administrative act, the court shall adjudicate in the case on the merits.
(2) Outside the cases referred to in Paragraph (1), as well as where the act is null by reason of lack of competence or if the nature of the said act precludes adjudication in the matter on the merits, the court shall transmit the case file to the relevant competent administrative authority with mandatory instructions on the interpretation and application of the law.
(3) In the event of a wrongful refusal to issue a document, the court shall order the administrative authority to issue the said document without giving instructions as to the content thereof.
(4) In the event of a refusal by a non-competent authority to issue an administrative act, the court shall declare the refusal null and shall transmit the case as a case file to the relevant competent authority.
Setting Time Limit for Enforcement of Judgment of Court
Article 174. Upon obligating the authority to issue an administrative act or a document, the court shall furthermore set a time limit for the said issuance.
Correction of Apparent Error of Fact
Article 175. (1) Acting on its own initiative or on a motion by a party, the court may correct any written errors, errors in calculations or other such apparent inexactitudes committed in the judgment.
(2) The judgment of the correction shall be rendered in camera and shall be appealable according to the procedure established by the judgment itself. Upon the entry thereof into effect, the said judgment shall be noted on the corrected judgment and the transcripts.
Rendition of Additional Judgment
Article 176. (1) Where the court has not pronounced on the entire contestation, the court, acting on its own initiative or on a motion by a party to the case submitted within one month, shall render an additional judgment.
(2) The court, sitting in public session and summoning the parties, shall render the additional judgment which shall be contestable according to the procedure established by the original judgment.
Effect of Judgment of Court
Article 177. (1) The judgment shall be effective inter parties. If the contested act is revoked or modified, the judgment shall be effective erga omnes.
(2) Any acts and actions performed by the administrative authority in contravention with an effective judgment of court shall be null. Each party concerned may always invoke the nullity or motion the court to declare it.
(3) A judgment whereby a contestation claiming revocation of an administrative act has been rejected shall be an impediment to the contestation of the said act claiming nullity, as well as to the contestation of the said act on other grounds.
Judicial Settlement
Article 178. (1) A judicial settlement may be reached during any stage of the proceeding under the conditions where under a settlement may be reached in the proceeding before the administrative authority, even if the said authority has refused to confirm the said settlement.
(2) All parties to the case shall mandatorily participate in the settlement.
(3) A refusal of the court to confirm a settlement shall be contestable by an interlocutory appeal lodged jointly by the parties to the said settlement.
(4) By the ruling conforming the settlement, the court shall invalidate the administrative act and shall dismiss the case.
(5) The ruling may be appealed solely by a party which did not participate in the settlement. Should any such settlement be revoked, examination of the case shall proceed.
(6) A confirmed settlement shall have the significance of an effective judgment of court.
Section II
Contestation of General Administrative Acts
Time Limits for Contestation
Article 179. General administrative acts shall be contestable within one month after the communication of the issuance thereof or within fourteen days after the separate communications to the persons who participated in the proceeding before the administrative authority.
Effect of Contestation
Article 180. (1) A contestation shall not stay the enforcement of the general administrative act.
(2) The court may stay enforcement on the grounds and according to the procedure established by Article 166 (2) and (3) herein.
Communication of Contestation
Article 181. (1) If the contestation conforms to the requirements, the court shall communicate the said contestation within one month by means of a notice inserted in the State Gazette, which shall specify the contested administrative act or part thereof and the number of the case instituted.
(2) A copy of the notice shall be posted at a place designated for this purposes at the court and on the Internet site of the Supreme Administrative Court.
(3) A ruling on suspension of the case shall likewise be communicated according to the procedure established by Paragraphs (1) and (2).
Parties
Article 182. (1) The contestant and the authority which issued the administrative act shall be parties to the case.
(2) (Amended, SG No. 59/2007) The parties whereto the contested act is favourable may join the case as parties alongside the administrative authority prior to the commencement of the oral arguments during any stage of the proceeding. Should any party which has joined after the first hearing cause adjournment of the case by a procedural action, the said party shall incur, regardless of the outcome of the case, the costs of the new hearing, of the collection of new evidence or of the re-collection of previously collected evidence, the costs incurred by the other party and of the authorized representative thereof on appearance in the case, as well as shall pay an additional stamp duty to the amount of one-third of the initially paid stamp duty but not less than BGN 100.
(3) Any person who or which has standing may join the contestation or join as a party alongside the administrative authority prior to the commencement of the oral arguments during any stage of the proceeding, without having the right to motion for repetition of procedural actions which have been performed. A transcript of the petition for joinder of the contestation or as a party shall be made available to the opposing parties.
(4) A ruling whereby a joinder is not admitted shall be contestable by an interlocutory appeal.
Effect of Judgment
Article 183. A judgment whereby the contested act is declared null, is revoked or modified, shall be effective erga omnes.
Subsidiary Application
Article 184. The provisions on contestation of individual administrative acts, with the exception of Article 155 herein, shall apply to any matters unregulated in this Section.
Section III
Contestation of Statutory Instruments of Secondary Legislation
Subject of Contestation
Article 185. (1) Any statutory instruments of secondary legislation shall be contestable before a court of law.
(2) Statutory instruments of secondary legislation may be contested in whole or in separate parts thereof.
Right to Contest
Article 186. (1) The right to contest a statutory instrument of secondary legislation shall vest in the individuals, the organizations and the authorities whereof the rights, freedoms or legitimate interests are affected or may be affected by the said instrument or in respect of whom the said instrument gives rise to obligations.
(2) The prosecutor may lodge a protest against the instrument.
Contestability Sine Die
Article 187. (1) No time limitation shall apply to the contestability of statutory instruments of secondary legislation.
(2) A successive contestation of a statutory instrument of secondary legislation on identical grounds shall be inadmissible.
Communication of Contestation
Article 188. A contestation shall be communicated according to the procedure established by Article 181 (1) and (2) herein.
Parties
Article 189. (1) The contestant and the authority which issued the statutory instrument of secondary legislation shall be parties to the case.
(2) Any person who or which has standing may join the contestation or join as a party alongside the administrative authority prior to the commencement of the oral arguments during any stage of the proceeding, without having the right to motion for repetition of procedural actions which have been performed. A transcript of the petition for joinder of the contestation or as a party shall be made available to the opposing parties.
(3) A ruling whereby a joinder is not admitted shall be contestable by an interlocutory appeal.
(4) (Amended, SG No. 59/2007) The persons who have joined the contestation or as parties shall incur, regardless of the outcome of the case, the costs of the new hearing, of the collection of new evidence or of the re-collection of previously collected evidence, the costs incurred by the other party and of the authorized representative thereof on appearance in the case, as well as shall pay an additional stamp duty to the amount of one- third of the initially paid stamp duty but not less than BGN 100.
Effect of Contestation
Article 190. (1) The contestation shall not suspend the effect of the statutory instrument of secondary legislation, unless the court decrees otherwise.
(2) The ruling of the court under Paragraph (1) on suspension of the effect of the statutory instrument of secondary legislation shall be promulgated in the manner of promulgation of the instrument and shall enter into effect as from the day of promulgation.
Cognizance and Court Panel
Article 191. (1) Statutory instruments of secondary legislation shall be contested before the Supreme Court of Cassation, which shall examine the case sitting in a panel of three judges.
(2) The statutory instruments of secondary legislation issued by the municipal councils shall be contested before the competent administrative court, which shall examine the case sitting in a panel of three judges.
Participation of Prosecutor
Article 192. The case shall be examined with the participation of a prosecutor.
Judgment on Case
Article 193. (1) The court may declare the nullity of the contested statutory instrument of secondary legislation or of a part thereof, may revoke the said instrument in whole or in part, or may reject the contestation.
(2) The judgment of court shall be effective erga omnes.
Promulgation of Judgment of Court
Article 194. A judgment of court, whereby nullity of a statutory instrument of secondary legislation is declared or any such instrument is revoked, and where against no cassation appeal or protest has been lodged in due time or any such appeal or protest has been rejected by the court of second instance, shall be promulgate in the manner of promulgation of the instrument and shall enter into effect as from the day of promulgation.
Effect of Judgment Revoking Statutory Instrument of Secondary
Legislation
Article 195. (1) A secondary instrument of secondary legislation shall be considered revoked as from the day of entry into effect of the judgment of court.
(2) The legal consequences which have arisen from any statutory instrument of secondary legislation which has been declared void or which has been revoked as nullifiable shall be settled ex officio by the competent authority within a period that may not exceed three months after the entry into effect of the judgment of court.
Subsidiary Application
Article 196. The provisions on contestation of individual administrative acts, with the exception of Article 152 (3), Articles 173 and 178 herein, shall apply to any matters unregulated in this Section.
Section IV
Contestation of Refusal to Consider Request for Issuance of
Administrative Act
Right to Contest and Time Limit for Contestation
Article 197. An express refusal by an administrative authority to consider on the merits a request for the issuance of an individual or general administrative act submitted to the said authority shall be appealable through the agency of the said authority before the court by the person who submitted the request within fourteen days after communication.
Service of Transcripts and Transmittal of Appeal to Court
Article 198. (1) After receiving the appeal, the authority shall transmit transcripts to the rest of the parties to the administrative proceeding, which may lodge objections within seven days after receipt of the said transcripts.
(2) Upon expiry of the time limit referred to in Paragraph (1), the appeal, together with a copy of the administrative case file, the opinion of the administrative authority and the objections, shall be transmitted to the court.
Examination of Appeal
Article 199. The appeal shall be examined in public session.
Ruling on Appeal
Article 200. (1) Within one month after receipt of the appeal, the court shall render a ruling whereby the court may reject the appeal or revoke the refusal, and shall transmit the case file to the competent administrative authority for determination of the request on the merits, with the time limit for pronouncement by the authority beginning to run as from the receipt of the case file by the said authority.
(2) The ruling shall be contestable by an interlocutory appeal by the parties participating in the administrative proceeding.
Effect of Ruling
Article 201. In respect of the matter resolved thereby, the ruling shall be binding on the administrative authority and on the persons participating in the appeal.
Appeal of Decree Suspending Administrative Proceeding
Article 202. The act on suspension of a proceeding for the issuance of an administrative act shall likewise be appealable according to the procedure established by this Section.
Chapter Eleven
PROCEEDINGS FOR COMPENSATION
Applicable Law
Article 203. (1) Any legal actions for compensation for detriment inflicted on individuals or legal persons by legally non-conforming acts, actions or omissions of administrative authorities and officials shall be examined according to the procedure established by this Chapter.
(2) The provisions of the Act on the Liability for Damage Incurred by the State and the Municipalities shall apply to any unregulated matters regarding pecuniary liability.
Admissibility of Legal Action
Article 204. (1) A legal action may be brought after the revocation of the administrative act according to the relevant procedure.
(2) A legal action may alternatively be brought together with a contestation of the administrative act prior to the close of the first hearing of the case. All defects of the statement of action must be cured not later than the next succeeding hearing.
(3) Where detriment is caused by a null or withdrawn administrative act, the legal non-conformity of the act shall be established by the court before which the legal action for compensation has been brought.
(4) The legal non-conformity of an action or omission shall be established by the court before which the action for compensation has been brought.
Respondent in Legal Action
Article 205. A legal action for compensation shall be brought against the legal person represented by the authority whose legally non-conforming act, action or omission has inflicted the detriment.
Separation of Legal Action
Article 206. (1) On a motion by a party or at the discretion of the court, the legal action for compensation may be separated if the examination thereof would impede the proceeding for contestation of the administrative act.
(2) The examination of the separated legal action shall proceed in the same court after entry into effect of the judgment whereby the act is declared null or is revoked.
Termination of Proceeding on Joined Legal Action
Article 207. (1) Should the proceeding for contestation of the administrative act be terminated, the proceeding on the legal action joined therewith shall be terminated as well, except where the said action is for compensation for detriment resulting from a null administrative act or where the proceeding for contestation has been terminated by reason of withdrawal of the administrative act.
(2) The proceeding on the legal action shall furthermore be terminated if the contestation of the administrative act is rejected. Upon reversal of the judgement of court, the proceeding shall be resumed.
(3) Alternatively, a settlement on the amount of compensation may be reached upon termination of the proceeding.
Chapter Twelve
CASSATION PROCEEDING
Subject of Cassation Contestation
Article 208. The first-instance judgment of court shall be subject to cassation contestation in whole or in separate parts thereof.
Grounds for Cassation
Article 209. A cassation appeal or a cassation protest shall be lodged where the judgment is:
1. null;
2. inadmissible;
3. incorrect by reason of violation of the substantive law, material breach of the rules of court procedure, or lack of justification.
Right to Cassation Contestation
Article 210. (1) The right to contest the judgment shall vest in the parties to the case whereto the said judgment is adverse.
(2) The persons in respect of whom the judgment is effective shall have the right to appeal the said judgment where it is adverse thereto, even if the said persons did not participate in the case.
(3) The Prosecutor General or the Deputy Prosecutor General heading the Supreme Cassation Prosecution Office may lodge a cassation protest.
Time Limit for Cassation Contestation
Article 211. (1) The appeal shall be lodged with the Supreme Administrative Court through the agency of the court which rendered the judgment within fourteen days after the day of communication that the judgment has been drafted.
(2) The Prosecutor General or the Deputy Prosecutor General heading the Supreme Cassation Prosecution Office may lodge a protest with the Supreme Administrative Court through the agency of the court which rendered the judgment within one month after the day of rendition of the said judgment.
(3) The persons referred to in Article 210 (2) herein may appeal the judgment as from the time of the entry of the said judgment into effect in respect of the parties to the case.
Form and Content of Appeal and Protest
Article 212. (1) An appeal and a protest shall be lodged in writing and must state:
1. specification of the court;
2. the name and exact address of the appellant and, if a natural person, also the Standard Public Registry Personal Number thereof, the name and exact address of the legitimate representative or authorized representative, if any, or, respectively, the name and position of the prosecutor;
3. indication of the judgment which is contested;
4. exact and reasoned indication of the specific defects of the judgment which constitute the grounds for cassation;
5. essence of the petition;
6. signature of the person who lodges the appeal or protest.
(2) The contestant shall be obligated to specify all evidence which the contestant wants to be collected and to present the written evidence in the possession thereof.
Attachments
Article 213. The following shall be attached to the appeal or protest:
1. certificate of the existence and representation of the appellant organization, unless presented to the first instance;
2. power of attorney, where the appeal is lodged by an authorized representative;
3. documentary proof of stamp duty paid, where such is due;
4. transcripts of the appeal or protest, of the written evidence and of the attachments according to the number of the rest of the parties.
Withdrawal and Abandonment of Contestation
Article 214. (1) The contestant may withdraw the contestation or abandon the contestation in whole or in part prior to the close of the cassation proceeding.
(2) Any advance waiver of the right to contest shall be void.
Leaving Appeal and Protest without Examination
Article 215. An appeal or protest shall be left without examination, and the cassation proceeding instituted shall be dismissed, where:
1. the said appeal or protest has been lodged by an individual or organization which did not participate in the court proceeding;
2. the judgment or the appealed part thereof is non-existent;
3. the said appeal or protest has been lodged after expiry of the time limit referred to in Article 211 herein;
4. the said appeal or protest has been lodged against a judgment which is not subject to cassation contestation;
5. the said appeal or protest is withdrawn or abandoned by a written application.
Leaving Appeal and Protest without Progress
Article 216. The appeal or protest shall be left without progress where the said appeal or protest does not contain an exact and reasoned indication of the specific defects of the judgment or does not conform to the requirements of Articles 212 and 213 herein, and a communication shall be sent to the contestant to cure the non-conformities within seven days. Article 158 herein shall apply in such cases.
Examination of Case
Article 217. (1) The case shall be examined by a three-judge panel of the Supreme Administrative Court, where the judgment has been rendered by an administrative court, and by a five-judge panel, where the judgment has been rendered by a three-judge panel of the Supreme Administrative Court.
(2) The case shall be examined in public session with the participation of a prosecutor.
Subject of Cassation Review
Article 218. (1) The Supreme Administrative Court shall limit itself to considering the defects of the judgment as indicated in the appeal or protest.
(2) The court, acting on its own initiative, shall furthermore see to the validity, admissibility and conformity of the judgment to the substantive law.
Evidence
Article 219. (1) Written evidence shall be admissible for establishment of the grounds for cassation.
(2) No evidence shall be admissible for establishment of any circumstances irrelevant to the grounds for cassation.
Establishment of Facts Prohibited
Article 220. The Supreme Court of Cassation shall assess the application of the substantive law on the basis of the facts established by the court of first instance in the contested judgment.
Judgment on Cassation Contestation
Article 221. (1) The Supreme Administrative Court shall render judgment within one month after the hearing in which the examination of the case was completed.
(2) The Supreme Administrative Court shall leave in effect the judgment or shall reverse the judgment in the contested part thereof if the said judgment is incorrect.
(3) Where the judgment is inadmissible, the Supreme Administrative Court shall invalidate the said judgment in the contested part and thereupon shall dismiss the case, shall refer the case back for re-examination, or shall forward the case to the competent court or authority.
(4) Where the administrative authority, acting with the consent of the rest of the respondents, withdraws the administrative act or issues the act which the said authority has refused to issue, the Supreme Administrative Court shall invalidate the judgment of court rendered on the said act or refusal as inadmissible and shall dismiss the case.
(5) Where the judgment is null, the Supreme Administrative Court shall declare the nullity thereof in whole and if the case is not dismissible, shall refer the said case back to the court of first instance for rendition of a new judgment.
(6) Where settlement has been reached before the Supreme Administrative Court, the court shall confirm the said settlement by a ruling whereby the judgment of court shall be invalidated and the case shall be dismissed.
Powers of Supreme Administrative Court upon Reversal of Judgment
Article 222. (1) When reversing the judgment, the Supreme Administrative Court shall adjudicate in the case on the merits.
(2) The Supreme Administrative Court shall refer the case for re-examination by another panel of the court of first instance where:
1. the Supreme Administrative Court finds a material breach of the rules of court procedure;
2. facts must be established, for which collection of written evidence is not sufficient.
Finality of Cassation Judgment
Article 223. The cassation judgment shall be final.
Binding Orders on Application of Law
Article 224. The orders of the Supreme Administrative Court on the interpretation and application of the law shall be binding upon a further examination of the case.
Examination of Appeal and Protest against Re-rendered Judgment
Article 225. An appeal or protest against a re-rendered judgment shall be examined by another panel of the Supreme Administrative Court.
Re-examination of Case by Court of First Instance
Article 226. (1) The court of first instance shall examine the case according to the standard procedure, with the proceeding commencing from the first legally non-conforming procedural action which served as grounds for the referral of the case back to the said court.
(2) Solely written evidence which could not have been known to the party, as well as evidence of newly discovered or intervening circumstances after the initial examination of the case by the court of first instance, shall be admissible upon re-examination of the case.
(3) The court shall furthermore pronounce on the costs of litigation at the Supreme Administrative Court.
Powers of Supreme Administrative Court upon Reversal of New Judgment
Article 227. (1) Where the judgment of the court of first instance is reversed again, the Supreme Administrative Court shall adjudicate in the case on the merits.
(2) The Supreme Administrative Court, after reversing the judgment, shall also collect new evidence where the grounds for reversal so necessitates. Written evidence, which could not have been known to the party, as well as evidence of newly discovered or intervening circumstances after the re-examination of the case by the court of first instance, shall furthermore be admissible in such case.
Subsidiary Application
Article 228. The provisions on first-instance proceeding shall apply, mutatis mutandis, to any matters unregulated in this Chapter.
Chapter Thirteen
APPEAL OF RULINGS AND ORDERS
Subject of Appeal
Article 229. (1) Appealability shall apply to any rulings and orders:
1. which bar the further progress of the proceeding;
2. in the cases expressly specified in the law.
(2) Appealability shall not apply to any rulings and orders rendered in a proceeding before a five-judge panel of the Supreme Administrative Court, save where the proceeding is for a reversal of an effective judicial act.
Time Limit for Appeal
Article 230. The interlocutory appeal shall be lodged within seven days after communication of the ruling or order or, where the said ruling or order was rendered in a court hearing, within seven days after the day of the hearing in respect of the party which appeared at the said hearing.
Form of Appeal
Article 231. The provisions of Articles 212, 213 and 216 herein shall apply, mutatis mutandis, in respect of the interlocutory appeal.
Response to Appeal
Article 232. The court shall transmit a transcript of the appeal to the opposing party which may lodge an objection with written evidence to the said appeal within three days after receipt of the said transcript.
Effect of Appeal
Article 233. (1) The interlocutory appeal shall not stay the enforcement of the ruling or order appealed, save where the law provides otherwise.
(2) Where the ruling or order does not bar the progress of the case, the examination of the said case shall proceed and the higher court shall be sent only an official transcript of the judicial act together with the interlocutory appeal, the attachments and the objectives.
(3) The higher court may suspend the proceeding on the case or stay the enforcement of the ruling or order appealed until adjudication in the appeal.
Examination of Appeal
Article 234. (1) The interlocutory appeal shall be examined in camera, unless the court decrees otherwise.
(2) Acting on its own initiative, the court may collect all evidence as may be necessary for adjudication in the matter under the interlocutory appeal.
Ruling on Appeal
Article 235. (1) If the court reverses the ruling or order appealed, the court shall have discretion to adjudicate in the matter under the interlocutory appeal.
(2) The ruling of the court shall be binding on the lower court.
Subsidiary Application
Article 236. The rules for the cassation proceeding shall apply, mutatis mutandis, to the proceeding on interlocutory appeals to the extent that no special rules are established by this Chapter.
Chapter Fourteen
REVERSAL OF EFFECTIVE JUDICIAL ACTS
Section I
Reversal on Motion by Party to Case
Subject of Reversal
Article 237. (1) Reversibility shall apply to the effective judgments of court and to the effective rulings and orders whereby the progress of the case is barred.
(2) The effective judicial acts, rendered by a five-judge panel of the Supreme Administrative Court, shall be reversible by a seven-judge panel of the same Court, with the exception of any judgments rendered on a contestation of a statutory instrument of secondary legislation.
(3) Any effective judicial acts rendered by a seven-judge panel of the Supreme Administrative Court shall be irreversible.
Right to Motion for Reversal
Article 238. (1) A right to motion for reversal shall vest in a party to the case whereto the judicial act is adverse.
(2) The Prosecutor General or the Deputy Prosecutor General heading the Supreme Cassation Prosecution Office may motion for the reversal of effective judicial acts on the grounds and within the time limits ruled for the parties.
Grounds for Reversal
Article 239. An act shall be reversible:
1. upon discovery of new circumstances or new written evidence of material relevance to the case, which could not have been known to the party upon the adjudication in the case;
2. upon establishment, according to the duly established court procedure, of falsity of the testimony of witnesses or of expert findings on which the act is based, or of a criminal act by the party, by the representative thereof or by a member of the court panel in connection with the adjudication in the case;
3. where the act is based on a document which has been pronounced forged according to the duly established judicial procedure, or on an act of a court or of another of State which was subsequently revoked;
4. where another effective judgment has been rendered in respect of an identical motion, between identical parties and on identical grounds and the said judgment is contrary to the judgement whereof the reversal is motioned;
5. if, consequent to the breach of the relevant rules, the party was deprived of the possibility to participate in the administrative proceeding or was not duly represented, as well as where the party was unable to appear in person or through an authorized representative by reason of an irremovable obstacle;
6. if the European Court of Human Rights has found, by judgment, any violation of the Convention for the Protection of Human Rights and Fundamental Freedoms.
Time Limits for Submission of Motion
Article 240. (1) Reversal may be motioned within one year after occurrence of the grounds for reversal or, where the said grounds precede the judgment whereof the reversal is motioned, within one year after the entry into effect of the judgment.
(2) In any case the motion may not be submitted later than three months after learning of the grounds for reversal and, in the case of Item 5 of Article 239 herein, later than three months after learning of the judgment.
Form of Motion
Article 241. The motion shall be submitted in writing. The said motion must conform to the requirements of Article 212 (1) and Article 213 herein and must contain an accurate and reasoned recital of the grounds for reversal, as well as addresses at which the rest of the parties to the case are to be summoned.
Submission of Motion
Article 242. (1) The motion for reversal shall be submitted through the agency of the court of first instance. If the said motion does not conform to the requirements referred to in Article 241 herein, the said motion shall be left without progress for curing of the non-conformities within seven days.
(2) Within seven days after receipt of transcripts of the motion, the rest of the parties may lodge objections.
Examination of Motion
Article 243. The motion for reversal shall be examined in public session by a three-judge panel of the Supreme Administrative Court where the act has been rendered by an administrative court, by a five-judge panel of the Supreme Administrative Court where the act has been rendered by a three-judge panel of the Supreme Administrative Court, and by a seven-judge panel, where the act has been rendered by a five-judge panel of the Supreme Administrative Court.
Adjudication in Motion
Article 244. (1) The Supreme Administrative Court may reject the motion or may reverse the judgment in whole or in part.
(2) When reversing the judgment, the Supreme Administrative Court shall refer the case back to the competent court for re-examination by a different panel, specifying the point from which the re-examination must commence. In the case referred to in Item 4 of Article 239 herein, the court shall reverse the incorrect judgment.
(3) The judgment on the motion shall be unappealable.
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