Дискреционната власт на администрацията според съвременното българско право
Discretionary Power of Administration Accorting to Contemporary Bulgarian Law

Author(s): Maria Slavova
Subject(s): Law, Constitution, Jurisprudence, Administrative Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: discretion; executive power; rule of law; inaction; operational discretion; bound administration
Summary/Abstract: The discretion of the executive power is recognized and explored, but seldom studied, even in its most suitable background - the rule of law, which the legislation claims the Bulgarian state to be nowadays. The discretion of the administration is the largest field of discretion as opposed to discretion exercised by the legislature or by the judiciary. The concept of discretion of the executive power implies that the activity of the public official is restricted by law, so that the executive has the freedom to act in the interest of the citizens, which in turn is imposed upon him or her as a duty. The study of the discretion of the executive power in the context of contemporary law aims to find out whether the understanding of the freedom of choice of administration in Bulgaria nowadays coincides with the democratic principles of protection of the rights of the citizens. Discretionary power, exercised by administrative bodies is permissive but not binding, for it does not prescribe a definite model of action or inaction, but it is always an obligation to act in the best interest of the legal subject.

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