Description
The Administrative law regulates state governance as well as the legal relations between institutions and citizens.
The concept of this branch of law is intrinsically linked to the idea of guaranteeing human rights. And this is because the administrative law places the powers of public authorities within certain limits and prevents the danger of exercising excessive state repression against citizens. It would not be an exaggeration to say that without effective administrative justice, there is no rule of law and no civil liberties.
Any request by citizens or their organisations (companies, cooperatives, foundations, etc.) aimed at obtaining a particular public service, authorisation and/or assistance from a state or municipal authority is governed by administrative law. Within such proceedings, the citizens have certain rights, but also obligations - including with regard to the drafting of their requests and the provision of relevant evidence. In case of non-compliance with these formalities, it is quite possible that the administrative authority may refuse to issue the requested act (document). Hence, in order for the request to the administrative authority to be legally secured, it is necessary that it be advised by a lawyer with experience in communication with the administration, which I possess.
Another hypothesis is also not excluded, which, unfortunately, is not uncommon in Bulgaria. The citizen has duly drawn up his documents, attached all the evidence and paid the required fees, but still does not receive a reply from the administration within the statutory deadline. The state or municipal authority neither issues the requested document nor gives an explicit refusal, respectively does not give instructions on what else is necessary to fulfil the applicant's request. The legal term for such conduct is 'implied refusal'. This means that the public authority effectively refuses to provide the requested assistance, but does not announce this explicitly. Current Bulgarian law provides that such conduct may be challenged in court. The absence of a written administrative act makes these proceedings very peculiar and it is therefore strongly recommended that they are initiated and conducted by an experienced attorney-at-law. Should you find yourself in such a situation, please do not hesitate to contact me, in order to assess the specific case and possibly refer it to the court, so that it provides you with the necessary protection.
Another typical situation in which the assistance of an attorney with experience in administrative law is needed is one in which the relevant authority issues an administrative act in a proceeding that was not initiated by the citizen concerned, but however affects his or her rights and interests. For example, the owner of the neighbouring property may have obtained an unlawful building permit, the municipality may have adopted new development plans under which new streets and facilities would directly affect your property, etc. In such situations, you are entitled to protect your rights by challenging the relevant order in court.
The administration may also take the so-called compulsory administrative measures against your property - e.g. the municipal services may repatriate your car (with a so-called "spider"), claiming that it is an obstacle for the traffic. In such a case, you should contact an attorney who, if he finds that the administration has violated the law, will ask the court to annul this compulsory administrative measure and award you compensation for the damages you have suffered (e.g. due to your inability to use your car).
The Administrative penal law is an element of administrative law and regulates the sanctioning activities of institutions. It outlines the conditions and procedures under which the state and municipal authorities issue penalty decrees and tickets (including electronic tickets) imposing fines, property sanctions and, less frequently, other penalties for breach of certain administrative regulations. Penalty decrees and electronic tickets issued by the traffic police are a typical example of documents which legal effect is regulated by administrative penal law. Penalty decrees are also issued for breaches of labour, tax, customs, environmental legislation, etc. These proceedings are characterised by a number of formal requirements which should ensure that an infringement has actually been committed and that the imposed penalty is fair. On the other hand, it is not uncommon for this activity to be carried out by officials who do not have legal education - i.e. situations in which the rights of citizens are infringed, including due to insufficient competence on the part of the sanctioning authority, are not an exception. Therefore, if you find yourself sanctioned, it is most reasonable to contact an attorney who will review the administrative penalty file and provide an opinion as to whether you have grounds to appeal the penalty imposed or, on the contrary, recommend that you pay the fine in a shorter time frame so that you can take advantage of the discounts provided by law for voluntary performance. If you contact me, you can rely on a timely and adequate assessment of these matters.