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Подсъдност на делата по административноправни спорове
Jurisdiction over Administrative Cases in Court

Author(s): Emilia Kandeva
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките

Summary/Abstract: ADMINISTRATIVE LAW // The development of the administrative courts system has followed three factors at work: 1) courts are expected to try an ever larger number of administrative legal cases; 2) they have to hear a much broader variety of administrative legal disputes; and 3) courts’ decisions have a major impact upon the shaping of the administrative procedure and administrative practice. The administrative courts have jurisdiction over all cases pertaining to substantial administrative lawsuits, unless the law stipulates otherwise. Local administrative courts function as first- instance courts for administrative cases. The Supreme Administrative Courts function either as higher instance courts which can annul the contested decisions of the first-instance courts, or as first-instance courts for disputes against government - and other high authority acts. Local administrative courts have jurisdiction over all administrative matters excluding those within the jurisdiction of the Supreme Administrative Court. Jurisdiction application is based on the following criteria: matters of substance of the contested administrative act; matters of the initiator of the act; matters of procedure (the stage and instance of the judicial proceedings); and matters of territorial (local) jurisdiction. Local jurisdiction applies the principle that a case should be heard by the administrative court which is located in the same area as the headquarters of the authority which issued the contested administrative act. Should the authority in question have its seat in another country – then the competent court is the Sofia Administrative Court. Jurisdiction has been enforced by the law; it does not envisage its amendment by mutual agreement of the parties participating in the case. Each court itself decides whether a case brought before it is within its jurisdiction. Should the court find that the case is not within its jurisdiction, it sends it to the proper court. Jurisdiction disputes between administrative courts are solved by the Supreme Administrative Court. Monitoring on the application of the Administrative Procedure Code has revealed several problems concerning jurisdiction: controversial court practices on the jurisdiction of first-instance courts in the cassation procedure; incomplete law regulations on jurisdiction regarding citizens’ or legal persons’ claims for damages as the result of unlawful acts or due to the omissions of either the public authorities or its officials; jurisdiction disputes between general and administrative courts; an uneven distribution of the administrative cases among the courts; etc.

  • Issue Year: LIII/2012
  • Issue No: 3
  • Page Range: 3-21
  • Page Count: 19
  • Language: Bulgarian