PREVENTING PROCEDURAL SURPRISES: THE IMPACT OF THE JUDICIAL CASE REPORT IN BULGARIAN CIVIL JUSTICE AND BEYOND
PREVENTING PROCEDURAL SURPRISES: THE IMPACT OF THE JUDICIAL CASE REPORT IN BULGARIAN CIVIL JUSTICE AND BEYOND

Summary/Abstract: Public trust in the judicial system rests both on the rules governing the examination and adjudication of cases and on mechanisms ensuring quality appellate review. Such mechanisms ensuring predictability have existed since the very beginning of judicial proceedings and have been refined over time. For example, the obligation to prepare a report under Article 146 of the Bulgarian Civil Procedure Code serves as a modern counterpart to the “formula” in the ancient Roman formulary procedure. The report outlines the scope of the legal dispute, identifies the relevant facts and their legal characterization, distinguishes between disputed and undisputed facts, and allocates the burden of proof at an early stage. In this way, it functions as an effective procedural mechanism for ensuring predictability and equality in the proceedings. Given its importance, an interesting question arises as to whether formal non-compliance with the procedural rules for reporting a case may constitute a material violation and render the decision procedurally irregular. A thorough analysis helps clarify the concept of materiality and limits the negative impact of such violations in the proceedings. When the rules on reporting are properly applied, the parties are made aware of the facts they are not required to prove, as these have been designated undisputed. They are also informed of the disputed facts, for which a party must present evidence in order to convince the court of its position and obtain a favorable judicial decision. The discussion of this issue is also placed within a broader European context.

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