Some Problems On Contesting Statutory Administrative Acts Cover Image

Някои проблеми при оспорване на нормативни административни актове
Some Problems On Contesting Statutory Administrative Acts

Author(s): Georgi Nedev
Subject(s): Law, Constitution, Jurisprudence, Administrative Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: code of administrative procedure; statutory administrative acts; legislature; constitutional court
Summary/Abstract: Rapidly evolving and changing social relations make impossible for the legislature to cover all rules of conduct in detail. Hence the need and the natural assignment of rule-making functions to administrative authorities concerning prescriptions for conduct, by specifying, developing and interpreting legal norms. The consequence of this activity of administration is the issuance of the relevant statutory administrative acts. With the Code of Administrative Procedure (CAP), the legislator for the first time provides a legal definition of the term 'statutory administrative act'. The right to contest is a possibility recognised and guaranteed by law for its holder to request and in the obligation of the court to initiate, to move ex officio and to conclude with a decision, according to the actual legal situation, the dispute on the existence of the legal consequences of the contested administrative act and/or the right to their annulment.