Основания за оспорване на административни актове пред съд: липса на компетентност
Grounds for the Apperal of Administrative Acts before the Court: Lack of Powers

Summary/Abstract: The article analyzes the most substantial grounds for the appeal of administrative acts before the court - the lack of powers - with regard to the related regulations of the Administrative Procedure Code and the theoretical concepts of administrative law. Apart from accepting cases implicitly stipulated by law, administrative courts also accept and hear all administrative cases in which citizens, legal persons, or other organizations bring proceedings concerning the legality of administrative acts or actions. The judicial review over the wrongful and unlawful administrative acts and actions covers individual administrative acts as well as normative administrative acts and general administrative acts. The court shall review the legality of the appealed administrative act, controlling whether it was issued by a competent authority in the prescribed manner, whether the procedural and substantive provisions have been observed with regard to its issuing, and whether it is compatible with the objectives and purposes of the law. The lack of powers or "the lack of competency", as it is stipulated by the Administrative Procedure Code and assumed to be the first one among the grounds for judicial appeal, means that the appealed administrative act has not been issued by a competent authority. The lack of competency represents not only an abuse of the requirements for the legality of administrative acts; it is a lack of statutory authority. Thus me lack of competency will render the act, which has been issued by an unauthorized body, null and void. Nullity is the most serious form of administrative act unlawfulness. From the moment of its issuing, the null and void act has been deprived of legal force and validity. Such an act shall not be repealed, revoked or overruled. The court annuls such an act through declaring its nullification only, i.e. declaring this act legally void. Modern legal analysis is concentrating on the issues of unauthorized act", "institutionalized and territorial abuse of powers", "excess of statutory authority" and "ultra vires actions". The article draws attention to three types of legally recognized exercising of "legally imposed authority" powers - the delegation of powers by the superior administrative body to a subordinate body or an official; the substitution of the authorized body; and the replacement of the repealed wrongful act by issuing the appropriate act of the superior controlling administrative body. The court instruments of proceeding to declare the nullification of administrative acts due to lack of powers are investigated and analyzed following the patterns of legal regulations and judicial practice. Some law provisions concerning court decisions which declare nullity because of lack of competency are under criticism.

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