За отговорността на държавата за вреди, причинени на частноправни субекти от нарушения на правото на ЕС във вътрешния правен ред на Република България
On the State Liability for Damages Caused to Private Law Subjects by Violations of the EU Law in the Domestic Legal Order of the Republic of Bulgaria
Author(s): Hristo HristevSubject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: Софийски университет »Св. Климент Охридски«
Keywords: state liability for damages caused by violations of the EU law; the Francovich principle; procedural order in the Republic of Bulgaria
Summary/Abstract: The principle of the state liability for damages caused to private persons by violations of the European Union law is a basic principle ensuring the effective application of the common European regulation in the individual Member States of the Union. The years following the accession of Bulgaria to the EU have shown contradictory court practice in the application of this principle in our country, this resulting from deficiencies in Bulgarian legislation. In the year 2015 the Supreme Bar Council approached the Supreme Court of Cassation and the Supreme Administrative Court with a proposal for rendering an interpretation that will allow unification of the practice of applying the principle of Member States liability for damages caused to private persons. The rendering of an interpretation regarding the conditions and procedure for engaging the Bulgarian state liability for violations of the EU law will make it possible to guarantee the effective application of the European regulation in Bulgaria and to ensure full-value protection of those rights which private subjects draw from the European legislation.
Journal: Съвременно право
- Issue Year: 2017
- Issue No: 3
- Page Range: 50-61
- Page Count: 12
- Language: Bulgarian
- Content File-PDF