Правна същност на актовете, издавани от министрите в процедурите за избор на членове на органи за управление и контрол в публичните предприятия
Legal nature of acts issued by ministers in competitive procedures for selecting members of management and control bodies in public enterprises

Summary/Abstract: The article analyzes the legal nature of acts issued by ministers in competitive procedures for selecting members of management and control bodies in public enterprises under the Public Enterprises Act. It substantiates the thesis that these acts have an administrative legal character and are subject to judicial review under the Administrative Procedure Code. The argumentation is based on the imperative nature of the norms regulating the competitive procedure, the vertical dependency between the minister and candidates, the minister’s bound competence, the unilateral nature of expressions of will, and the case law of the Court of Justice of the European Union. Special attention is paid to the dualistic nature of the state in the context of public enterprises – as an authority when selecting governing bodies and as an equal market participant when carrying out economic activities.

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