October 15, 2010



The National Assembly adopted at first reading amendments to the Administrative Procedure Code, which change the jurisdiction of some cases and facilitate the work of the Supreme Administrative Court / SAC/.The draft bill was moved by the Council of Ministers. The changes affect the local jurisdiction which instead of being based on the locality of the administrative body which issued the contested administrative act will be based, from now on, on the appellant’s place of residence. When the address of the appellant is abroad, the case will be considered by the Sofia City Administrative court. Thus the capacity of the 28 existing administrative courts will be better used. The Supreme Administrative Court /SAC/ will remain a first instance and a cassation court for what it is entitled by the Constitution, namely to rule on appeals against administrative acts of the Council of Ministers, of the Ministers and of other bodies provided for in a law.


In this way the lower level administrative courts will act as first instance, while the Supreme Administrative Court mostly as cassation. The cases brought before the SAC will be decided in a one instance proceeding. The amendments envision cases started before the promulgation of the present act to be finished by the same courts, regardless of the jurisdiction change. The bill was supported by both government and opposition. Maya Manolova, MP from Coalition for Bulgaria said the effect of the new act will be to give more work to the administrative courts in the country and diminish the work load on the part of SAC. Manolova added that the categories of cases to be dropped off the SAC's cognizance should be more precised.


Emil Vassilev said deputies elected on the ticket of the Lawfulness, Order, Justice Party also support the bill. He added that the administrative courts in the country were less busy and had so far hampered access to justice. Todor Dimitrov / PG GERB / explained that similar changes in the Tax Procedure Code, namely the jurisdiction change of the cases of the tax audit acts is to take place. The aim is also to make more busy the 28 administrative courts in the country.


The National Assembly considered the proposal of MP Latchezar Toshev for amendment to the Transplantation of Organs, Tissues and Cells Act asking to restore the informed consent for organ donation, expressed before death by the individual whose organs are to be transplanted, or in the absence of such consent to seek the consent of the relatives of the deceased.. This proposal was rejected keeping the present status quo, requiring only non objection expressed explicitly while one is still living.