Етажна инстанционност, касация в касацията, или за един уникален недостатък на българското административно правосъдие
Different Floor Appeal Instances, Cassation Within Cassation, Or Around a Peculiar Deficiency of Bulgarian Administrative Jurisdiction

Author(s): Vasil Petrov
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation, Administrative Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: administrative justice; jurisdiction; appeal instances; appeal; cassation; dissenting opinion; ECtHR; fair trial
Summary/Abstract: Among European Union members, Bulgaria is unique in that its administrative justice provides for possibility of appeal within the supreme jurisdiction in the area of administrative law. As it is well known, certain types of cases are heard by SAC in three-judge panels and the decisions of these panels are subject to appeal before five-judge panels of SAC. This system has a number of practical inconveniences. Moreover, it completely contradicts the Western models of administrative justice, from which our country has adopted. Is should be abolished and in the article de lege ferenda suggestions are made.

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