Compliance of Art. 280, para. 3 of the Civil Procedure Code with the Constitution Cover Image
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Съответствие на чл. 280, ал. 3 ГПК с Конституцията
Compliance of Art. 280, para. 3 of the Civil Procedure Code with the Constitution

Author(s): Ivaylo Kostov
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: ivil Procedure; right of access to a court; restrictions on the access to the Supreme Court, Cassation

Summary/Abstract: The right of access to a court is not absolute and may be subject to restrictions. In procedural legislation, the prerequisites for allowance of the appellate decisions to cassation must comply with the requirements imposed by the jurisprudence of the European Court of Human Rights, as well as with those of the constitutional framework of the according state. The article deals with the compliance with the Constitution of the restrictions to the Court of Cassation of the decisions specified in Art. 280, para. 3 CPC. The author supports the conclusion that the ratione valoris restrictions in CPC contradict the constitutional right to defense under Art. 56 of the Constitution of the Republic of Bulgaria.

  • Issue Year: 2026
  • Issue No: 3
  • Page Range: 18-33
  • Page Count: 16
  • Language: Bulgarian
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