Proposals for changes in the ZUT - Territorial Organization Act
Article 100 of the Administrative Procedure Code (APC) of the Republic of Bulgaria enables administrative bodies to revoke or amend their own final administrative acts under certain conditions. Although this mechanism aims to ensure the possibility of correction of errors and protection of the public interest, it may raise concerns about potential unconstitutional actions and violation of fundamental rights and principles enshrined in the Constitution of the Republic of Bulgaria, such as the right to security and protection of legal expectations and the right to property.
Grounded concerns regarding Art. 100 APC
Violation of the principle of legal certainty and legitimate expectations: Legal certainty is a fundamental principle in the rule of law, ensuring that rights and obligations are clearly defined and stable over time. The ability to revoke or amend administrative acts without strict restrictions can undermine this principle, creating uncertainty for citizens and businesses regarding the validity of permits, licenses and other important administrative decisions.
Violation of the right to property: The right to property is a constitutionally guaranteed right that can be affected by arbitrary or unfounded administrative decisions to revoke or amend administrative acts. Such actions can have serious financial consequences for individuals and companies, affecting investments and project development.
Lack of adequate protection for affected parties: Although the APC provides opportunities to appeal administrative decisions, the process can be long and difficult, especially when it comes to annulling acts on which significant investments and business plans are based. Clear guarantees are needed to protect the rights and interests of all parties in the administrative decision-making process.
Proposals for cancellation or change of Art. 100 from APC
Introduction of clear and strict criteria: Strict criteria should be applied to canceling or amending administrative acts, limiting these actions only to cases of proven errors or abuses.
Guaranteeing the right to prior notice and hearing: Affected parties must be notified in advance of intentions to revoke or amend administrative acts and have the opportunity to present their arguments before a final decision is made.
Limiting the period for revocation or modification: The introduction of a maximum period within which the administrative body can rescind or modify its decisions may be considered to prevent the possibility of endless revision.
Strengthening of judicial control: The strengthening of judicial control over
Agenda for uploads for context
Administrative-legal laws.txt
***1*** ADMINISTRATIVE PROCEDURAL CODE.pdf
***2*** ADDITIONAL PROTOCOL TO THE EUROPACE CATA CHARTER FOR LOCAL GOVERNMENT ON THE RIGHT TO PARTICIPATE IN LOCAL GOVERNMENT AFFAIRS (CETS No. 207).pdf
***3*** ADDITIONAL PROTOCOL TO THE EUROPEAN CHARTER OF LOCAL GOVERNMENT ON THE RIGHT TO PARTICIPATE IN THE AFFAIRS OF.pdf
***4*** EUROPEAN. CHARTER on Local Self-Government (Strasbourg, 15.H.1985).pdf
***5*** LAW on administrative offenses and penalties.pdf
***6*** CIVIL REGISTRATION LAW.pdf
***7*** LAW ON LOCAL SELF-GOVERNMENT AND LOCAL ADMINISTRATION.pdf
***8*** REGIONAL DEVELOPMENT LAW.pdf
***9*** TERRITORY DEVELOPMENT LAW.pdf
***10*** CONVENTION ON THE ISSUANCE OF MULTILINGUAL EXTRACTS FROM CIVIL STATUS ACTS SIGNED ON SEPTEMBER 8, 1976 IN VIENNA.pdf
***11*** Resolution amending and supplementing the Regulations for the Implementation of the Law on Regional Development.pdf
***12*** Regulations for the implementation of the Law on Regional Development.pdf
Tax for natural persons.txt
***1*** Taxes for natural persons.pdf
***2*** LAW on personal income taxes.pdf
***3*** LAW AMENDING AND SUPPLEMENTING THE LAW ON PERSONAL INCOME TAXES.pdf
***4*** LAW ON LOCAL TAXES AND FEES.pdf
Tax laws for legal entities.txt
***1*** LAW on excise duties and tax warehouses.pdf
***2*** LAW on duty-free trade.pdf
***3*** LAW on refund of excess excise duty for used cars.pdf
***4*** LAW on corporate income taxation.pdf
***5*** ACCOUNTING LAW.pdf
***6*** RULES for the implementation of the Law on excise duties and tax warehouses.pdf
Other laws.txt
***1*** Law on road traffic.pdf
***2*** LAW ON STATE AID (promulgated SG No. 85 of 24.10.2017).pdf
***3*** ENERGY EFFICIENCY LAW.pdf
***4*** LAW ON CULTURAL HERITAGE.pdf
***5*** LAW on environmental protection.pdf
***6*** LAW on roads.pdf
***7*** Law on Regulation of Water Supply and Sewerage Services.pdf
***8*** Transliteration Law.pdf
***9*** The Law on Amendments and Supplements to the Law on Advocacy,.pdf
***10*** Constitution of the Republic of Bulgaria.pdf
***11*** Regulations for the implementation of the Law on Forests.pdf
***12*** RULES FOR IMPLEMENTATION OF THE LAW ON STATE AID.pdf
***13*** RULES FOR IMPLEMENTATION OF THE LAW ON ROADS.pdf
VAT Laws.txt
***1*** RULES TO SUPPLEMENT THE RULES FOR IMPLEMENTATION OF THE LAW ON VALUE ADDED TAX.pdf
***2*** Regulations for Supplementing the Regulations for the Implementation of the Law on Value Added Tax1.pdf
***3*** Regulations for amending and supplementing the Regulations for the implementation of the Law on Value Added Tax.pdf
***4*** REGULATIONS for the implementation of the Value Added Tax Law.pdf
Regulations for the implementation of the VAT law1.txt
Regulations for the implementation of the VAT law2.txt
Regulations for the implementation of the VAT law3.txt
Public Order Laws.txt
***1*** DISASTER PROTECTION LAW.pdf
***2*** LAW ON THE NATIONAL EMERGENCY CALL SYSTEM WITH A SINGLE EUROPEAN NUMBER 112.pdf
***3*** LAW ON THE PRESERVATION OF PUBLIC ORDER DURING SPORTS EVENTS.pdf
***4*** LAW ON SPECIAL INTELLIGENCE AGENTS.pdf
Laws on the legal status of citizens.txt
***1*** LAW ON BULGARIAN PERSONAL DOCUMENTS (TITLE AMENDED - SG No. 82.pdf
***2*** LAW ON THE ENTRY, RESIDENCE AND EXIT OF THE REPUBLIC OF BULGARIA OF EUROPEAN UNION CITIZENS AND THEIR FAMILY MEMBERS.pdf
***3*** PERSONAL DATA PROTECTION LAW.pdf
***4*** LAW on foreigners in the Republic of Bulgaria.pdf
Laws concerning property.txt
***1*** Law on restoration of ownership of forests and lands from the forest fund.pdf
***2*** LAW on state property.pdf
***3*** LAW on concessions.pdf
***4*** LAW on local taxes and fees.pdf
***5*** Law on compensation for owners of expropriated properties.pdf
***6*** MUNICIPAL PROPERTY LAW.pdf
***7*** Law on Protection of Agricultural Lands.pdf
***8*** LAW ON THE CONFISCATION IN BENEFIT OF THE STATE OF ILLEGAL PROFITS.pdf
***9*** Regulations for the implementation of the Law on restoration of ownership of forests and lands from the forest fund.pdf
***10*** Regulations for the implementation of the Law on the Protection of Agricultural Lands.pdf
Laws concerning trade.txt
***1*** VALUE ADDED TAX LAW.pdf
***2*** ELECTRONIC COMMERCE LAW.pdf
***3*** LAW on obligations and contracts.pdf
***4*** Law on the Chamber of Builders.pdf
***5*** Law on Chambers of Architects and Engineers in Investment Design.pdf
***6*** LAW on customs.pdf
***7*** LAW ON THE COMMERCIAL REGISTER AND THE REGISTER OF LEGAL ENTITIES WITH A NON-PROFIT PURPOSE (TITLE AMENDED - SG No. 74 OF 2016, EFFECTIVE FROM 01.01.2018).pdf
***8*** REGULATIONS for the implementation of the Value Added Tax Law.pdf
***9*** COMMERCIAL LAW.pdf
Labor and health.txt
***1*** LAW ON GUARANTEED BENEFITS OF WORKERS AND EMPLOYEES IN THE INSOLVENCY OF THE EMPLOYER.pdf
***2*** LAW on health insurance.pdf
***3*** Law on Health and Safety at Work.pdf
***4*** LABOR INSPECTION LAW.pdf
***5*** Law on Public Procurement.pdf
***6*** LAW TO BE ESTABLISHED! ON LABOR II INSURANCE INTERNSHIP UNDER JUDICIAL ORDER.pdf
***7*** The Law on Amendments and Supplements to the Health Law.pdf
***8*** LABOR CODE.pdf
Financial Laws.txt
***1*** FOREIGN EXCHANGE LAW.pdf
***2*** LAW on tax on insurance premiums.pdf
***3*** LAW on the public debt.pdf
***4*** LAW on municipal debt.pdf
***5*** LAW on limitation of cash payments.pdf
***6*** LAW ON PUBLIC FINANCE1.pdf
***7*** LAW on the Fiscal Council and automatic corrective mechanisms.pdf
***8*** Concept of a Law on the introduction of the euro in the Republic of Bulgaria.pdf