Дължимата грижа при упражняване на оперативната самостоятелност на администрацията
Due Care Principle in the Course of Exercising the Discretionary Powers by the Administration

Author(s): Miroslava Yordanova
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation, Administrative Law
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: due care; discretionary power; proportionality; consistency; predictability; public interest; private interest; fundamental rights
Summary/Abstract: The Code of Administrative Procedure (CAP) does not bind the administrative bodies to exercise "due care" when performing their discretionary powers, although this principle is well recognized by legal doctrine and the case-law of the Court of Justice of the European Union (CJEU). The report examines whether the Bulgarian administration should comply with the principle of due care when exercising its discretionary powers. For this purpose, firstly, the report outlines the legal framework of the discretionary powers of the administrative bodies. Secondly, the report traces the way in which the Bulgarian administrative courts interpret the principles of proportionality, consistency and predictability which are explicitly formulated in CAP. Thirdly, the report draws a parallel with the interpretation of these principles by CJEU. In summary, the work demonstrates that, apart from the legally established principles, the administration should comply with some judicially formulated principles, such as due care of the administration.

• Details
• Contents