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Author
Annotation
In Bulgarian law a person discontent with an administrative act adversely affecting him can appeal the act before higher administrative body. Art. 97, s. 1 APC empowers the higher administrative body to inter alia annul the act or to declare it null and void. S. 2 of the same art. directs the higher administrative settle the matter conclusively unless the subject matter pertains to the explicit competence of the lower body, in which case the file of the dispute is sent back for new consideration. The person for whom the annulled administrative act had been favorable has moral and legal interest to seek judicial review of higher administrative body's decision to annul or to declare null and void the act. Bulgarian SAC's case-law however is unsettled on the point whether this is legally permissible under the new wording of art. 145, s. 2, ss. 2 APC, State gazette, No. 39/2011. In order to settle the matter the SAC is to sit en banc in case No 3/2014 , in which case an en banc opinion is yet to be issued. In present article the author offers his views on the question considered en banc.
Keywords
judicial review of administrative act, higher administrative body, annulling or declaring null and void, settle the matter conclusively, explicit competence, is sending back for new consideration, conflicting case-law, en banc sitting by Supreme Court.
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