Administrative law in Bulgaria is a branch of public law and regulates all legal matters related to the public administration. Common feature of the Bulgarian administrative law is that it regulates the legal relations between the state authorities and the citizens.
The Bulgarian administrative law can be divided into two main spheres: general administrative law, regulated by the Administrative Procedural Code (APC), and specialized administrative law.
APC encompasses the following legal institutes:
- Common part – main principles of administrative law, parties and representation;
- Proceedings before the administrative authorities – types of administrative acts; Art.20, para. 1, 8 – agreement concluded between the administrative body and the parties in the procedure, thereby replacing the administrative act. Art. 21 – individual administrative act. Art.68 – common administrative acts Art. 75 – normative administrative acts; requirements for validity of the different acts, issuing, coming into force, appeal.
- Court procedures – appealing against different administrative acts, compensations, cassation, protection against unlawful acts and against omissions of the administrative bodies;
- Measures of execution of administrative acts.
The special administrative law relates to certain legal branches, such as, for example police law and municipal law, as well as the law regarding urban development. Additionally, the common principles of administrative law apply as well. The sources of the special administrative law are special Acts and multiple legal regulations issued by the different authorities, entrusted with the application of the laws. In case the procedures in these acts differ from the procedures envisaged in the Administrative Procedural Code, the first ones shall prevail.
Since the administrative bodies act on the basis and within the scope of their legal competences, their actions are presumed to be lawful. But in case the legal interests and rights of citizens are affected as a consequence of the action or failure to act by the administrative bodies, the APC provides for special out-of-court and judicial procedure for their protection. Furthermore, the citizens are entitled to a compensation for such cases, for example claims for refunding of costs, claims against the administrative body due to a breach of a legal obligation to act or not to act, and so on.
We are your Lawyer for administrative law matters in Bulgaria. Our legal services in that sphere include:
- Consultations on all matters of the Bulgarian administrative law;
- Submitting protest and appealing unlawful administrative acts;
- Preparation of requests for issuing of favorable administrative acts;
- Judicial representation before all instances of the administrative courts in Bulgaria;
- Legal representation in cases of enforcement measures.