Съдебни спорове по прилагането на член 12 от Закона за държавния служител
Judicial Disputes on Application of Article 12 of the Civil Servants Law

Summary/Abstract: The attempts to improve the quality of the civil service via application of release-from-service regulations have to be looked at with a view to the broader objectives of the new Civil Servants Law (CSL) and the standards of European law. The court appeals against illegal administrative acts concerning civil servants status very often are caused by errors and misinterpretations of the transitional introduction into effect of the Civil Servants Law, and - in particular- by an the incorrect application of the Article 12 of that law. The provisions of the Article 12 of CSL are under the title "Probationary Period". In accordance with them when a candidate is appointed for the first time for civil service position, the appointment authority may terminate the service relationship without advance notice in 6-month period upon the appointment. In interpretation and application of the Article 12 CSL by the administrative authorities and courts are possible certain errors, which appear as grounds for many judicial disputes, as follows: ü Misunderstanding of the goal of Article 12; ü Inappropriate use of Article 12 as a transitional law regulation; ü Unreasonable mixing of the application of para 3 of Transitional and Concluding Regulations of CSL with Article 12 CSL; ü Wrong interpretation of the term "civil service"; a m is taken replacement of the meaning of "civil service" with "service relationship"; ü The civil service relationships in accordance with Civil Servants Law are not following up necessarily the employment relationships which have existed before in accordance with the Labour Code; ü Differences in the court interpretation of the acts of the administrative authority of appointment or release of an official from service, involving "a silent approval" or "a silent denial".

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