За правото на органите да оспорват подзаконовите нормативни актове
The righrs of state bodies to litigate substatutes (regulations, ordinances and government decrees)

Summary/Abstract: Current exposition examines the right of state bodies to litigatesubstatutes. Article 186, section 2 of the Administrative Procedural Codeallows state bodies to bring before the Supreme Administrative Court thematters of legitimacy of regulations, ordinances, instructions andgovernment decrees, although article 120, section 2 of the Constitution ofBulgariadoesn’t explicitly empower them to litigate statutorial actsof the administration. The Constitutional Court’s Decision No 5 from 17 April2007 on Constitutional Case 11/2007 definitely deals with the question ofstate bodies rights to litigate substatutes and the requirement of provingdirect personal interest in order to do so. The lack of clearlydefined rules about whoacts as litigation rights’ holder, however, still remains a problem. Legal norm indeed are general rules of behavior and constitutional normsare abstractions of highest degree, but this could not be an excusablereason for the lack of precision, clarity and thoroughness of theregulation of such a high priority matter as judiciary control over theacts of the administration. Hence the contradictory court rulings overthis matter not surprisingly lead to different legal consequences for thesame parties and the legal doctrine is also inconsistent. The main purpose of the present workis to expose this very issue.

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