Изискването за съобразяване с целта на закона при издаване на административния акт в практиката на Върховния административен съд
The Requirement to Consider with the Purpose of the Law in Issuance of the Administrative Act in Practice of the Supreme Administrative Court

Author(s): Konstantin Pehlivanov
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation, Administrative Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: code of administrative procedure; administrative acts; perverse exercise of power; legal defect
Summary/Abstract: One of the requirements for administrative activity under Article 4(2) of the Code of Administrative Procedure (CAP) is that administrative acts shall be issued "for the purposes" established by the law. This follows from the executive-regulatory nature of administrative activity and administrative acts. Pursuant to Article 146, item 5 of the CAP, non-conformity with the purpose of the law is a ground for contesting the administrative act. Violation of this requirement is popular in theory and judicial practice as “perverse exercise of power”. After a brief review of the administrative law literature and judicial practice on the issue, the final part of the submission will also draw brief conclusions relating to the vice of perverse exercise of power.

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