Проблеми на допускането до касационно обжалване по чл. 280 ГПК
Issues in Admissibility to Cassation Appeal under Art. 280 CPC

Summary/Abstract: The right of access to court is not an absolute one and it can be subject to restrictions. Those prerequisites provided for in procedural legislation which concern the admissibility to cassation appeal against decisions of appellate courts must fulfil the requirements established in the practice of ECHR, as well as those of the constitutional regulation in the respective country. The subject matter of the study is the general prerequisite under Art. 280, para. 1 CPC (Civil Procedure Code), namely where, in its decision, the appellate court has judged on a procedural law matter or a substantive law one, which conditions the admission to cassation appeal. A conclusion is drawn according to which the existence of this prerequisite in the procedural regulation is inappropriate as it limits the access to cassation appeal and is inconsistent with the role and importance of the cassation instance in the system of courts.

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