Analysis of the interpretative judicial activity of the Supreme Administrative Court of the Republic of Bulgaria – proposal for amendment of the internal rules for the adoption of interpretative decisions of SAC, in accordance with Art. 131a of the Judicial System Act, observing the principles of transparency, efficiency and legal certainty.

The interpretative activity of the Supreme Administrative Court /SAC/ is mandatory, according to Art. 130, para. 2 JSA, based on Art. 124 and Art. 125, para. 1 of the Constitution, after the repeal of Chapter XVI of the APC, (SG. 64 of 2007). The activities provided in this project include analysis and historical and legal review of the interpretative activity of SAC, since its restoration in 1996 and preparation of a proposition of internal procedural rules for adoption of the interpretative acts of SAC, based on the results and the proposals, established by the review and the analysis. ABAJ, acknowledging the fact that since the establishment of the specialized administrative justice in Bulgaria, neither research or any analysis of the accepted interpretative acts of SAC and it’s internal approval procedures for compliance with Art. 131a of the JSA, has been performed and in order to propose suggestions for improvements in the judiciary, in partnership with SAC, drafted the present project. The activities of the project are implemented using mechanisms as: collection and analysis of: counts and types of interpretative acts, sorted by nature and subject; type and number of inapplicable acts; establish and systematize data on validity and binding nature of interpretative acts; sources of information for legal contradictions; gather and studying opinions on the clarity, transparency and effectiveness of the procedure; collecting and drafting proposals for the adoption of internal rules for amending or repealing interpretative acts of SAC. The activities shall be implemented through broad discussions with all the interested parties. The project aims at drafting a proposition of internal procedural rules for the interpretative acts of the General Assembly of the judges in SAC. The proposition shall be presented to the SAC Chairman, for acceptance and submitted for discussion at SAC Plenum.

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