President Rumen Radev with the ninth right of veto

Head of the State

Sofia. President Rumen Radev returned for further discussion on the amending law of the Code of Administrative Procedure. Parliament adopted the final final amendments to the PCA on 25 July. The bill was large in volume divided into three parts. MPs were able to accept the changes in several plenary sessions. Rumen Radev draws attention to how the APC is adopted. "Between the two votes in the bill, a lot of the proposals came from the importers themselves," he said, adding that more than half of the transitional and final provisions were proposed nearly a year ago. after the end of the term. ] In accordance with the rules of the Parliament, the President of the National Assembly must instruct the steering committee to report it to the deputies within three days of receipt of the presidential decree. This is the legal committee. The law to be reviewed must be placed on the agenda within 15 days of its receipt.
On 12 July, MPs lodged cbadation charges. The cbadation applicant will pay a fee of BGN 70, and when the plaintiff is an organization – BGN 370. Fees will not be paid for the protest, nor by citizens who are recognized by the court that they do not have enough money to pay. Fees of 30 BGN for citizens and 150 BGN for organizations will be charged for proceedings initiated in the course of a private call. Citizens are not billed for private pensions, health and social insurance. For proceedings for revocation of judicial acts, a fee of 30 BGN for citizens and 150 BGN for organizations are collected. According to the President, with the taxes regulated in the cbadation proceedings, the procedural possibilities for the full protection of citizens and legal persons against illegal acts of the administration are considerably limited. "Without a doubt, the type and amount of legal costs are part of the guarantees of access to justice." I admit that the current court costs need to be discounted, but the increase in fees plain cbadation is radical (14 times for natural and legal persons and 74 times for non-profit legal persons) and does not match the economic situation and income in Bulgaria, said Rumen Radev. BSP strongly criticized the increase in administrative court costs and filed a signal with the Constitutional Court
Under the transitional and final provisions of the CPA, MPs have amended other laws. They settled cases where the decision of the administrative court in the cases would be considered final. By an amendment of the tax procedure code, the decision of the administrative court will be final in cases of appeal against public debts of up to BGN 750 and BGN 4000 for individuals. employment relationship or the imposition of disciplinary liability will be dealt with by an administrative tribunal. Under the MoI law, the detainee may appeal the lawfulness of his detention to a district court. Disciplinary sanctions under the Law on Defense and Armed Forces may be appealed to an administrative court. The decision will not be subject to appeal in cbadation. With amendments to the Social Security Code, judges, prosecutors and investigators with a total legal service of at least 35 years will be able to apply for retirement.
The head of state challenges a total of 16 provisions of the law. In his opinion, the system departs from fundamental constitutional principles and distorts the traditional principles and achievements of administrative law. The intensity of the protection of the rights of citizens and legal persons with regard to acts issued by the position of authority and demanding obedience will be reduced. These provisions will undermine the role of administrative justice in the defense of the ordinary person against unlawful acts and arbitrariness of the administration.
Rumen Radev does not agree with the rules of jurisdiction, the hearings in camera, the drastic increase in charges in cbadation and the abolition of the cbadation proceedings in a number of special laws.
The right of veto on APC is the ninth for Roumen Radev. Until now, the Parliament has argued that only one of them – the law on privatization and post-privatization control. MEPs voted again and rejected all controversial texts. The head of state also vetoed: the law on concessions, the law on the protection of the environment and water, the law on defense and the armed forces, the 2018 budget law, anti-corruption law and confiscation of illegally acquired property. for sowing and planting material, as well as bankruptcy law.
Biliana IVANOVA

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