За нищожността по чл. 177, ал. 2 АПК
On the Nullity under Art. 177, Para. 2 APC

Summary/Abstract: According to Art. 177, para. 2 of the Administrative Procedure Code, any acts and actions of the administrative authority that contradict effective judgments of the court shall be null and void. The present article reviews the various doctrines elaborated to explain the nature of that nullity. The norm is interpreted with regard to the issue of enforceability of judgments. The nullity shall sanction the vicious practice of the administrative authorities to reiterate acts that have been already repealed by the courts. The article analyzes the abundant jurisprudence of the Supreme Administrative Court in the application of Art. 177, para. 2 APC. Two main trends are highlighted: judgments under Art. 177, para. 2 APC relating to the res judicata problem and decisions under Art. 177, para. 2 APC relating to the binding guidelines issued under Art. 173, para. 2 APC. The author supports the view that the nullity under Art. 177, para. 2 APC stems from the regulative function of res judicata.

• Details
• Contents