Article 139 of the Administrative Procedure Code and the right to defense – a critical analysis in light of the right to a fair trial Cover Image

Чл. 139 от Административнопроцесуалния кодекс и правото на защита – критичен анализ в светлината на правото на справедлив процес
Article 139 of the Administrative Procedure Code and the right to defense – a critical analysis in light of the right to a fair trial

Author(s): Stanislav Stanev
Subject(s): Law, Constitution, Jurisprudence, Administrative Law
Published by: Институт за знание, наука и иновации ЕООД
Keywords: right to defense; fair trial; Art. 139 of the Code of Civil Procedure; postponement of the case; procedural representation; Art. 142 of the Code of Civil Procedure; effective legal aid; European Convention on Human Rights

Summary/Abstract: The report analyzes the provision of Art. 139 of the Code of Administrative Procedure, which provides for the postponement of the case only when both the party and its attorney are prevented from appearing. It examines whether this regulation is compatible with the right to defense and the right to a fair trial under Art. 6 of the European Convention on Human Rights. The report makes a comparative analysis with the amendment of Art. 142 of the Code of Civil Procedure and discusses the need for legislative revision of Art. 139 of the Code of Civil Procedure in order to guarantee effective legal aid

Toggle Accessibility Mode