site.btaPresident Challenges Constitutionality of Administrative Code Amendments

Sofia, September 18 (BTA) - Bulgarian President Rumen Radev has approached the Constitutional Court about certain provisions of the Act to Amend and Supplement the Administrative Procedure Code, the head of State's Press Secretariat said on Tuesday.

The Constitutional Court is petitioned to declare 13 provisions of the law unconstitutional and inconsistent with four international instruments: the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the European Convention on Human Rights, and the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters. The law was passed on July 25, 2018. It was vetoed by the President on July 31, but Parliament overrode the veto on September 13, 2018. The amendments are to enter into force on January 1, 2019.

Radev argues that the provision introducing the principle of cases cognizable in a three-judge panel of the Supreme Administrative Court sitting as a second-instance court being heard in camera is inconsistent with the Constitution and the international treaties cited.

The President also challenges the newly introduced rules for cognizance ratione materiae and ratione loci for administrative cases, which he sees as obstacles to the administration of justice for individuals and organizations and as failing to ensure an easier, faster and cheaper access to justice. Therefore, these rules are contrary to the principle of the rule of law and the right to defence, the head of State argues.

Another point with which he disagrees is the higher court fees. Compared to their amounts before the amendments, the fees are increased 14-fold for natural persons and 74-fold for non-profit legal persons. They will impede an appellate review of administrative acts initiated by individuals and legal persons and, hence, their constitutional right to defence, the press release says.

The head of State furthermore attacks the abolition of the cassation instance in the Access to Public Information Act, the Social Assistance Act, the Family Allowances for Children Act, the Social Insurance Code, the Legal Aid Act, the Agricultural Land Conservation Act and the Tax and Social-Insurance Procedure Code.

The BSP for Bulgaria Parliamentary Group will also take provisions of the amended Administrative Procedure Code to the Constitutional Court, the Bulgarian Socialist Party (BSP) said in a press release on Tuesday.

"As promised, we are submitting a petition bearing the required number of signatures because the adoption of the revisions to the Administrative Procedure Code deals a blow at the rule of law principles," BSP for Bulgaria Deputy Floor Leader Kroum Zarkov is quoted as saying.