Граници на прокурорския надзор върху администрацията в правовата държава
Rule of Law Limitations of Prosecutor’s Supervision over Administration

Author(s): Deyana Marcheva
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, Governance, Public Administration, Public Law
Published by: Нов български университет
Keywords: Administration; Prosecutor; Rule of Law; Supervision
Summary/Abstract: This article renders problematic the prosecutor’s supervision over public administration in contemporary Bulgaria and explores what limitations need to be delineated so that such supervision to be in line with the rule of law. The “general prosecutor’s supervision” is a fundament of socialist administrative law, grounded in the political ideas of Leninism. After the adoption of the democratic Constitution in 1991 that institute passes over to the contemporary administrative law without any theoretical or practical debates for its place in the paradigm of the rule of law. The Prosecutor’s office continues to exist in the same old socialist model as a united, centralized, hierarchical system in the branch of judiciary. While the prosecutor’s supervision is no longer theorized as a general one,the powers of the prosecutor, especially the supervision over public administration, have not been substantially constricted. The article raises the question whether the existing prosecutor’s supervision over public administration in Bulgaria actually turns into prosecutor’s supervision over the citizens and organizations, on one side, and over the court, on the other side. Moreover, the research tackles the balance between the public interest and human rights in the complex relationship between the administration and citizens and offers for debate certain formulas for laying down adequate limitations of the prosecutor’s supervision over public administration.

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