Правна помощ от особен представител и решението на съда на ЕС от 23.11.2017 г. по съединени дела с-427/16 и с-428/16
Legal assistance from a special representative and joined cases C-427/16 and C-428/16 : Judgment of the Court of 23 November 2017

Author(s): Elka Porominska
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation, Administrative Law
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: Legal aid; special representative; minimum amount of remuneration; reducing the remuneration of the special representative
Summary/Abstract: The report shall examine the legislation on determining and paying the remuneration for legal aid by a special representative appointed under Art. 47 para. 6 of the CPC. Interpretative Decision No 6/2013 on Interpretative Case No 6/2012 at the General Assembly of Civil and Commercial College of the Supreme Court of Cassation. Cassational case-law of the Supreme Court of Cassation and the Supreme Administrative Court. Possibilities for reducing lawyer‘s remuneration, including the remuneration of a special representative in legal aid, admitted under Art. 47 CPC – Judgment of the Court of Justice of the European Union (EU) of 23.11.2017 under Joint Cases C-427/16 and C-428/16. The change of art. 47 para. 6 CPC on the possibility of reducing the minimum amount under an Ordinance on minimum lawyers‘ remuneration adopted by the Supreme Bar Council. Problems in relation to the correct determination and payment of the remuneration of the special representative before and after the new regulation.

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