Аргументи в подкрепа на нормата на чл. 24 от отменения Закон за върховния административен съд
Arguments in Support of the Norm of Article 24 of the Repealed Supreme Administrative Court Act

Author(s): Boyan Todorov Georgiev
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation, Administrative Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: supreme administrative court act; legality; code of administrative procedure; legal norm
Summary/Abstract: In general, the provision of Article 24 of the repealed Supreme Administrative Court Act (SACA) meant that the body conducting the proceedings should not issue just any decision, but only the one that is based as much as possible on the actual reality to the maximum extent and satisfies the legitimate claims of citizens and organizations. It was a sign of objective justice that the court had taken the initiative, in the light of the parties' submissions, to gather additional evidence and explanations relevant to the proper determination of the case. Considering the objective nature of the issues of legality raised by the grounds for annulment of administrative acts and the public interest in lawful action by the administration in the annulment process, a significant place should be given to ex officio jurisdiction in the taking of evidence through the relevant actions of the court. The administrative court is also, by definition, a control instance, charged with the difficult task of ensuring the legitimate development of the socio-political system.

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