The Ministry of Justice have not read correctly thev Treaty on the functioning of the Europian Union Cover Image

Министерството на правосъдието не разчете правилно договора за функционирането на ЕС
The Ministry of Justice have not read correctly thev Treaty on the functioning of the Europian Union

Author(s): Katerina Yocheva
Subject(s): Social Sciences, Education, Law, Constitution, Jurisprudence, Constitutional Law, International Law, Higher Education , EU-Legislation
Published by: Нов български университет
Keywords: Europian Union; Ministry of Justice

Summary/Abstract: In the present article the author (who was a participant in the selection procedure under discussion in the paper) shares her views on the developments concerning the organization and the consequences of the selection procedure for a new Bulgarian judge in the General court to the Court of Justice of the EU (CJEU) in Luxembourg. The procedure, which was based on a Decree No 214/2010 adopted by the Council of Ministers of the Republic of Bulgaria, failed at the end because of the irregularities vitiating initially some of the provisions of the above mentioned Decree which are inconsistent with the binding provisions of the TFEU. According to the author the solution for the deadlock following the unsuccessful selection procedure lies in a prompt and indispensable procedure for preliminary ruling before the CJEU for the interpretation of the relevant Treaty provisions. In the present article the author (who was a participant in the selection procedure under discussion in the paper) shares her views on the developments concerning the organization and the consequences of the selection procedure for a new Bulgarian judge in the General court to the Court of Justice of the EU (CJEU) in Luxembourg. The procedure, which was based on a Decree No 214/2010 adopted by the Council of Ministers of the Republic of Bulgaria, failed at the end because of the irregularities vitiating initially some of the provisions of the above mentioned Decree which are inconsistent with the binding provisions of the TFEU. According to the author the solution for the deadlock following the unsuccessful selection procedure lies in a prompt and indispensable procedure for preliminary ruling before the CJEU for the interpretation of the relevant Treaty provisions.

  • Issue Year: 2010
  • Issue No: 3
  • Page Range: 93-98
  • Page Count: 6
  • Language: Bulgarian