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The Constitutional Regime of Economic Freedom. Its Reflection in the Administrative Code

Author(s): Teodor Narcis Godeanu,Iulia Nistor / Language(s): English Publication Year: 0

This study analyzes, as its title suggests, the constitutional regime of economic freedom, regulated by art. 45 of the Constitution, following the changes it underwent through the revision of Law no. 429/2003. It is qualified to represent freedom from the first generation and is considered, along with the private property, the market economy foundation. Therefore, the constituent legislator placed them one after the other, and by art. 135 para. (1) guaranties the market character of the economy. We perform the analysis by referring to the Administrative Code, which also contains implicit or express provisions regarding economic activity, this aspect representing, in many situations, a result of economic freedom.

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Adherence to the Principle of Proactivity to Ensure a Healthy Competitive Environment

Author(s): Manuela Niță / Language(s): English Publication Year: 0

The frequency of the infrigement of competition rules by committing anti-competitive practices, led the competition authorities, both national and European, to identify both measures to prevent possible anticompetitive practices and measures to identify and sanction such serious deviations from normal conduct, healthy in business. In the field of competition, we find a rich legislative package, but practice has shown that beyond normativity, in order to be effective, a proactive attitude of companies is also needed, and in this study, we proposed to realise a depth analisys regarding this isuess. The principle of proactivity in the matter of competition is neither promoted nor respected enough, as is natural, so that companies in their actions refrain from any action/inaction that could endanger the competitive market. In our research, we want to show the concrete ways in which this principle is respected, who is competent for its application and what are the effects on the competitive environment. We will also show what is the role of the competent authority and its degree of involvement in this issue, identifying possible solutions that could be implemented to give added value to this principle.

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Приложение на чл. 8, ал. 2 от Закона за общинската собственост

Author(s): Stefan Radev / Language(s): Bulgarian Publication Year: 0

The current article focuses on the bylaws approbated by the municipal councils related to the management, disposition and acquisition of municipal property. The research objective is to examine the regional cities by drawing conclusions about the municipal property regulations approbated by the local government.

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Административният договор в юриспруденцията на България и на Европейския съюз

Author(s): Darina Zinovieva / Language(s): Bulgarian Publication Year: 0

The report examines the Bulgarian jurisprudence before the regulation of the administrative contract in the Administratice Procedure Act and after it. A brief overview of EU jurisprudence is also given.

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Наложителни промени в АПК

Author(s): Ivan Todorov / Language(s): Bulgarian Publication Year: 0

This article raises questions about the necessary amendments in APA. The advantages of both the delivery of documents electronically and the unloading of the work of the Administrative Supreme Court, which can focus more on unifying the practice of the courts, are highlighted. A solution is also given to the issue of administrative criminal liability.

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Засилено присъствие на организациите на гражданите при издаването на общи и нормативни административни актове

Author(s): Boyan Todorov Georgiev / Language(s): Bulgarian Publication Year: 0

In this research the term “citizens’ organization” is considered, as its legal expression was acquired in the Administrative Procedure Act. Emphasis is placed on the purpose of the definition of a public organization, which is particularly evident in the issuance and contestation of GAA and NAA.

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Конституционните права на гражданите и предлаганите промени в административното правораздаване

Author(s): Natasha Tseneva / Language(s): Bulgarian Publication Year: 0

A brief analysis of the right of protection of Bulgarian citizens (Article 56 of the Constitution of RB), its meaning and significance, their right to appeal all administrative acts that affect them, as well as the existing restrictions (Art. 120, par. 2 of the Constitution of RB). Some of the proposed solutions in the draft amendment to the Administravice Procedure Code have been tracked – summons, notices, fees, cassation appeal, etc., as well as to what extent they limit the constitutionally protected rights of citizens.

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Административно сътрудничество по данъчни въпроси в рамките на Европейския съюз

Author(s): Elina Marinova / Language(s): Bulgarian Publication Year: 0

In recent years, numerous of measures have been adopted within the European Union to combat tax avoidance practices. An important aspect of these measures is administrative cooperation in tax matters. The report examines the legal instruments for implementing cooperation between Member States tax authorities, as well as the premises, scope and its forms.

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Административният договор в публичното право

Author(s): Darina Zinovieva / Language(s): Bulgarian Publication Year: 0

The principle of market economy affects not only the private but also the public sector. Contractual relations are manifested in Bulgarian administrative law through the administrative agreement. Complications and contradictions related to their implementation along with some specifics are observed both in rulemaking and jurisprudence.

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Предохранителният принцип в европейското административно право

Author(s): Konstantin Pehlivanov / Language(s): Bulgarian Publication Year: 0

The precautionary principle in European administrative law made its way into European law. It was used to attack both acts of Community institutions, as well as acts of institutions of member states. Detailed regulation of the criteria and procedures according to which it will apply is needed, so that the rights of the interested parties be properly protected.

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Поглед към прилагането на административнопроцесуалния кодекс

Author(s): Emilia Kandeva / Language(s): Bulgarian Publication Year: 0

Administrative law faces the very difficult task of striking a fair balance between the need for a functioning and efficient state administration, on the one hand, and the protection of the interests and rights of specific citizens and organisations, on the other. The Code of Administrative Procedure (CAP) created a comprehensive and unified new regulation of administrative procedure. It has contributed significantly to the establishment of the rule of law as the surest guarantee for the protection of the rights of citizens and organisations in their contacts with the administration, as well as to the achievement of a simpler, faster, more accessible and more comprehensible administrative procedure for citizens. As regards administrative justice, the CAP has achieved its main task of unifying and reorganising the administrative justice system. The CAP has created a comprehensive model for the review of the legality of administrative activity through the establishment of a unified two-instance system of administrative courts headed by the Supreme Administrative Court.

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Маловажен случай в административното наказване

Author(s): Darina Zinovieva / Language(s): Bulgarian Publication Year: 0

It is a principle of Administrative-Criminal law that an act which qualifies as a minor administrative violation is discharged with a warning that a subsequent act will be sanctioned. Although different in consequences from the punishment of a criminal offence, sometimes the consequences of administrative sanction are not light for the subject either. In the explanation we will focus on current practical aspects of the problem, which are still a topic for serious discussion. The problems are in the sphere of the general legal regime in administrative sanction. At the same time, there are even more detailed issues in the special laws regarding Administrative Violations and Sanctions Act, some of which have as their genesis the general issues raised above. This is the case in the field of Commercial law, Labour law, etc. This necessitates the need to raise these issues, examine them and find appropriate solutions de lege ferenda.

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Правни проблеми при оспорване решенията на общинска избирателна комисия за предсрочно прекратяване на пълномощията на кметовете

Author(s): Bogdan Yordanov / Language(s): Bulgarian Publication Year: 0

This report draws attention to the issues related to the challenge of the decisions of the Municipal Election Commission (MEC) for early termination of the mayors' powers, refracted through the prism of the amendments to the Local Self-government and Local Administration Act (LSLAA) in force since 19.04.2011 and the permanent judicial practice reflected in Interpretative Decision № 1/30.03.2009 of the Supreme Administrative Court in Interpretive Case № 6/2008. The decisions of MEC for early termination of the powers of mayors and municipal councilors can be made in principle in the presence of certain hypotheses, explicitly regulated as grounds in the provisions of the LSLAA. However, the early termination of the powers of mayors is not uncontroversial and complete in the normative regulation of Art. 42, par. 3 LSLAA. The problems analyzed in the report, necessitate the conclusion that legislative changes or revision of the practice of the Supreme Administrative Court on these issues are needed.

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Аргументи в подкрепа на нормата на чл. 24 от отменения Закон за върховния административен съд

Author(s): Boyan Todorov Georgiev / Language(s): Bulgarian Publication Year: 0

In general, the provision of Article 24 of the repealed Supreme Administrative Court Act (SACA) meant that the body conducting the proceedings should not issue just any decision, but only the one that is based as much as possible on the actual reality to the maximum extent and satisfies the legitimate claims of citizens and organizations. It was a sign of objective justice that the court had taken the initiative, in the light of the parties' submissions, to gather additional evidence and explanations relevant to the proper determination of the case. Considering the objective nature of the issues of legality raised by the grounds for annulment of administrative acts and the public interest in lawful action by the administration in the annulment process, a significant place should be given to ex officio jurisdiction in the taking of evidence through the relevant actions of the court. The administrative court is also, by definition, a control instance, charged with the difficult task of ensuring the legitimate development of the socio-political system.

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Прекратяване на процедура за възлагане на обществена поръчка

Author(s): Ilonka Goranova / Language(s): Bulgarian Publication Year: 0

The Public Procurement Act (PPA) provides for four hypotheses related to the manner in which public procurement procedures are concluded. This can be done by issuing a decision to appoint a contractor under a public procurement contract, by a decision to conclude a framework agreement, by a decision to rank the participants and/or award prizes and/or other payments in a design competition, or by a decision to terminate the procedure (Art. 38 of the PPA). The subject of this report are the issues related to the legal nature of the decision to terminate a public procurement procedure, the grounds for its issuance, the legal possibility of its appeal to the Commission on Protection of Competition. It is noted that the termination of procedure without any legal grounds constitutes an administrative offence for which the legislator provides for a fine or a pecuniary sanction on the contracting authority.

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Изискването за съобразяване с целта на закона при издаване на административния акт в практиката на Върховния административен съд

Author(s): Konstantin Pehlivanov / Language(s): Bulgarian Publication Year: 0

One of the requirements for administrative activity under Article 4(2) of the Code of Administrative Procedure (CAP) is that administrative acts shall be issued "for the purposes" established by the law. This follows from the executive-regulatory nature of administrative activity and administrative acts. Pursuant to Article 146, item 5 of the CAP, non-conformity with the purpose of the law is a ground for contesting the administrative act. Violation of this requirement is popular in theory and judicial practice as “perverse exercise of power”. After a brief review of the administrative law literature and judicial practice on the issue, the final part of the submission will also draw brief conclusions relating to the vice of perverse exercise of power.

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Актът за прихващане и възстановяване

Author(s): Krasimir Mutafov / Language(s): Bulgarian Publication Year: 0

The Instrument of Offsetting or Refunding (IOR) is among the most frequently issued acts by the authorities of the National Revenue Agency (NRA). As its name suggests, the IOR can be used to offset and/or refund tax liabilities or compulsory social security contributions. The issuance of an IOR is necessary when we are faced with the hypothesis of unduly paid or overpaid taxes. The study of the matter related to the IOR requires, before we discuss the procedure of its issuance, to make a brief legal characterisation of this type of acts and to examine the preceding legal actions performed by the revenue authorities before their immediate issuance. All of this will enable us to try to answer the question: can an IOR be used to determine tax liabilities?

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Анализ на чл. 7А от преходните и заключителни разпоредби на Закона за защитените територии

Author(s): Nadezhda Hristova / Language(s): Bulgarian Publication Year: 0

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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Някои предложения за промени в Закона за патентите и регистрацията на полезни модели, в Закона за марките и географските означения и в Закона за промишления дизайн

Author(s): Dimitrina Petrova Stefanova / Language(s): Bulgarian Publication Year: 0

The norms governing the procedure for the issuance of individual administrative acts for patents for inventions, registration of trademarks and industrial designs are mainly contained in the Patents and Utility Models Registration Act (PUMRA), the Marks’ and Geographical Indications Act (MGIA) and the Industrial Design Act (IDA), as well as in the regulations issued on the basis thereof. On the one hand, these administrative procedural rules are special regulations compared to the general administrative procedural rules for the issuance of individual administrative acts laid down in the Code of Administrative Procedure (CAP). On the other hand, as special administrative legislation in the field of industrial property protection, these regimes can be compared and, on the basis of the comparative legal analysis carried out, some general administrative procedural provisions can be derived in order to improve the legal framework. I will focus on one part of this group of issues in this paper and will also provide for other lawyers to consider a proposal for a change in the MGIA, in the spirit of the motto of the conference "Law – the art of the good and the fair", to amend the substantive legal framework of trademark protection.

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Законопроектът за административното правосъдие - първи идеи, дискусии и подготовка

Author(s): Evgeni Yochev / Language(s): Bulgarian Publication Year: 0

The Administrative Justice Act, whose 100th anniversary is celebrated in 2012, marks the beginning of the modern administrative justice system in Bulgaria. The process of drafting the Act goes through two phases, which are distinct in their content and objectives. The first phase (July 1905 - July 1911) can be described as preparatory. The second phase (July 1911 - October 1911) covered the time of the actual preparation and drafting of the administrative justice bill. During the discussion of the bill, especially in the first reading, both the deputies of the government majority and those of the opposition noted the pressing necessity of the law, its importance in establishing the rule of law in the country, in curbing administrative arbitrariness and stabilizing the bureaucracy, in rooting out political partisanship and moralizing party mores.

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