Общият административен акт в практиката на Върховния административен съд по административнопроцесуалния кодекс
The general administrative act according to the Supreme administrative court case-law practice in Administrative Procedure Code

Summary/Abstract: ADMINISTRATIVE LAW // The Bulgarian Administrative Procedure Code of 2006 gave for the first time a legal definition of the regulation, issuing and cancellation of general (non-normative) administrative acts (GAA). Despite the fairly short period of time since the Code came into force, the Supreme Administrative Court on issues of GAA has already generated many a case-law to justify analysis and scholarly treatment. The article scrutinizes SAC’s case-law through the lens of distinguishing GAA from other acts of the administration: acts jure gestionis, procedural acts, intradepartmental rules, separate administrative acts and normative administrative acts. These distinctions are very important because the incorrect ascription of general nonnormative character to acts which lack such a character could lead to serious misapplications of the law, including the adjudication on the merits of disputes over acts which are non-appealable before administrative courts, the adjudication of disputes by courts without subject- matter jurisdiction, the issuing of invalid judicial decisions or the commitment of structural errors.

• Details
• Contents