Can the regulation of the minimum amount of lawyers remunerations be litigated before the Supreme Administrative Court? Cover Image
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Подлежи ли на оспорване пред ВАС Наредбата за минималните размери на адвокатските възнаграждения?
Can the regulation of the minimum amount of lawyers remunerations be litigated before the Supreme Administrative Court?

Author(s): Zlatka Vangelova
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: secondary legislative act; secondary legislative act, containing administrative norms; source of law; minimum amount of lawyers remunerations

Summary/Abstract: The article studies the legal character of Regulation № 1/09.07.2004 of the minimum amount of lawyers remunerations, issued by the Supreme Bar Council. Answers to the following questions are given: are the regulation’s rules legal norms, what types of legal norms are they, is the regulation a secondary legislative act, containing administrative norms, is the regulation a secondary legislative act, can the regulation be litigated before the Supreme Administrative Court (SAC). A conclusion is made that the regulation is a legal source, containing civil legal norms, it is not a secondary legislative act, but can be litigated before the SAC on the grounds of analogy between the regulation and the secondary legislative acts.

  • Issue Year: LVII/2016
  • Issue No: 1
  • Page Range: 17-29
  • Page Count: 13
  • Language: Bulgarian