ПОСТАНОВЛЕНИЕТО
THE DECREE

Author(s): Maria Slavova
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Philosophy of Law, Administrative Law
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: public law; private law, discretion; hybrid nature; abuse of power; liability; sanction; legal regulation
Summary/Abstract: The nowadays Bulgarian legal world has created an unique phenomenon, the domain of which is on the boundary between public and private law. This is usually an act of the Council of Ministers, but its scope is entirely private, artificially combining civil, commercial, financial and European law. The purpose of the decree in its new performance is to cover up the abuse of power by elected persons and civil servants and violation of the public interest. The hybrid nature of the decree creates ambiguity and impedes the immediate reaction to the realization of the responsibility of its authors and the imposition of penalties.

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