СЪЩНОСТ И ЗНАЧЕНИЕ НА ОСОБЕНИТЕ ЮРИСДИКЦИИ. ИМА ЛИ БЕЛЕЗИТЕ НА ОСОБЕНА ЮРИСДИКЦИЯ КОМИСИЯТА ПО ПРОЗРАЧНОСТ КЪМ МИНИСТЕРСКИЯ СЪВЕТ?
NATURE AND IMPORTANCE OF SPECIAL JURISDICTIONS. DOES THE TRANSPERANCY COMMIITTEE AT THE COUNICL OF MINISTERS HAVE THE CHARACTERISTICS OF SPECIAL JURISDICTION?

Summary/Abstract: The first part of the article defends the thesis that the special jurisdictions in the administration as a type of administrative bodies, which are assigned a judicial function, are admissible according to current constitutional legislation. The characteristics of the special jurisdictions already accepted in the legal doctrine are considered in detail – resolution of a legal dispute, referral, adversarial proceeding and independence of the body in dispute resolution. To the main charactersitics of the special jurisdictions we add a new fifth obligatory element, which is the legal relation with which the existing doubts about possible constitutional contradiction are overcomed, namely the possibility guaranteed by law for judicial control of the acts of the body acting as a special jurisdiction. The inconsistent use and different meaning of the term “according administrative procedure” in a number of legislative acts is considered. A specific case of a body (Transparency Commission of the Council of Ministers) is presented, established with the sole function to perform an instance control over appeals against acts of another administrative body – National Council on Prices and Reimbursement of Medicinal Products, to which the first body does not appear to be directly supervising authority. The thesis is defended that the Transparency Commission of the Council of Ministers functions as a special jurisdiction. Recommendations are made for the introduction of legislative clarity and consistency in the regulation, both of the special jurisdictions in general and of the bodies acting in the field of pricing of medicinal products.

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