Judgment Reviews Law at Bulgaria
In Bulgaria, judicial review serves as a critical mechanism to ensure that administrative decisions comply with the law and uphold individual rights. This process allows individuals to challenge the legality of decisions or actions taken by public authorities, such as government ministers or public officials.
⚖️ Legal Framework for Judicial Review
The Constitution of Bulgaria, adopted in 1991, establishes the judiciary as an independent body responsible for safeguarding justice. Article 119 outlines the structure and functions of the judiciary, including the Supreme Court of Cassation, the Supreme Administrative Court, appellate courts, district courts, military courts, and regional courts. It grants the Supreme Administrative Court the authority to review its judgments and orders and to provide advisory opinions on matters of public importance referred by the President
The Code of Administrative Procedure (CAP) further delineates the procedures for judicial review, specifying the grounds on which decisions can be challenged and the processes for appeals and reviews.
🧭 Grounds for Judicial Review
Judicial review in Bulgaria can be sought on several grounds, including
Illegality:The decision-maker acted beyond their legal authority
Irrationality:The decision was unreasonable or absurd
Procedural Impropriety:Failure to follow required procedures or to act fairly
Error of Law:The decision-maker made an error in interpreting or applying the law
Violation of Fundamental Rights:Contravention of rights guaranteed by the Constitution
🏛️ Judicial Structure and Appeal Process
Bulgaria's judiciary comprise:
Supreme Court of Cassatin The highest appellate authority, with the power to review judgments and provide advisory opinion.
Supreme Administrative Court Handles appeals from administrative courts and has original jurisdiction in certain cases
Administrative Courts Serve as courts of first instance, handling administrative cases within their jurisdiction.
Appeal Process:
Final Decisions There is an automatic right of appeal to the Supreme Administrative Court from administrative courts in civil proceedings. No leave to appeal is require.
Interlocutory Decisions Leave to appeal is required and is granted at the discretion of the Supreme Administrative Cour.
Supreme Administrative Court to Constitutional Court Appeals from the Supreme Administrative Court to the Constitutional Court require leave, which is granted if the case involves a matter of significant public or legal importanc.
📌 Recent Development
In 2021, the Supreme Administrative Court of Bulgaria ruled on the legality of administrative acts issued by the Council of Ministers, emphasizing theimportance of judicial review in ensuring that public authorities adhere to legal and procedural requiremens.
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