Анализ на чл. 7А от преходните и заключителни разпоредби на Закона за защитените територии
Analysis of § 7a of the Transitional and Final Provisions of the Protected Areas Act

Author(s): Nadezhda Hristova
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation, Administrative Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: protected areas act; legislator; administrative acts; European convention for the protection of human rights; constitutional court
Summary/Abstract: The purpose of the Protected Areas Act (PAA) is to protect and preserve protected areas as a national and common human treasure and heritage and as a special form of native nature protection, contributing to the development of culture and science and to the well-being of society. In 2007, the legislator, by the provision of § 7a para. 1 of the Transitional and Final Provisions (TFP) of the PAA, established the non-appealability of administrative acts issued until 30 June 2007, which declare or make changes to protected areas. I consider that the provision of § 7a of the TFP contradicts both the Constitution of the Republic of Bulgaria and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). If the aim of the legislator was to protect nature, which is equally valuable for everyone, and thus also aimed at protecting the public interest, then why did he set a deadline by which the acts should be issued. Isn't the protection of the environment after 2007 a priority for the legislator?!

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