Източниците на правото в действие – правосъдието между позитивизма и реализма
The Sources of Law in Action: The Judiciary between Legal Positivism and Legal Realism

Summary/Abstract: The object of this article is the legal consciousness of the Bulgarian judges and state prosecutors with regard to the direct application of the EU law, the Constitution, the international treaties ratified by the Republic of Bulgaria as well as the jurisprudence of the Court of the EU and of the European Court of Human Rights in Strasbourg. The analysis is based on a sociological survey entitled „The Judiciary between the Law and the Facts“, which was accomplished by the Judicial Development Foundation. The article compares the theoretical postulates and the normative provisions pertaining to the normative hierarchy in Bulgaria under the 1991 Constitution with the way the Bulgarian magistrates perceive and apply it in their practice. Hence, the idea is to delimit the „law in books“ from the „law in action“ with respect to the sources of law posed on the highest levels of the normative pyramid. The article contains also an in-depth analysis of the reasons for the different groups of answers given by the magistrates.

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