Often, in the exercise of their powers, the various institutions impose administrative penalties by issuing criminal decrees, electronic slips, or other acts.
However, the findings of the inspection bodies are not always correct, and not always the offense committed is such or with a weight that implies the imposition of the appropriate penalty.
Given the fact that administrative acts are drawn up by professional staff in the relevant field who know the subject matter without using legal services, their lawfulness should not be called into question. But practice shows that this is not always the case. Against the background of the complex and ever-changing regulatory framework in all spheres of public life, as well as the constantly changing and often not completely clear European norms, the issue of unlawful administrative act is not so rare.
The issuance, contestation and enforcement of administrative acts are governed by the Administrative Procedure Code (APC). Administrative acts are issued on the basis of and for the implementation of the law.
Only individual and common administrative bodies are subject to administrative appeal. Normative acts are attacked only by court order. The administrative acts of some state bodies (President, Council of Ministers, Regional Governor, etc.) are not appealed in this order. The acts of bodies which do not have a higher administrative body shall not be subject to appeal. The appeal itself can be done only by interested persons and not by anyone, ie persons whose rights and legitimate interests are directly affected by the act. The applicant’s interest must be legal, direct and personal (this does not apply to the prosecutor).
Art. 146 of the APC defines the grounds for challenging administrative acts, namely:
– lack of competence (personal, material and territorial);
– non-compliance with the established form;
– significant violation of the administrative and production rules;
– contradiction with substantive provisions;
– non-compliance with the purpose of the law.
Our law office has extensive experience in appealing administrative acts, where you can get specialized legal assistance on the following issues:
– Legal representation and defense in the appealing administrative acts – preparation of objections, assistance in obtaining and presenting documents;
– Appeal of penal decrees and electronic fiches issued under the Road Traffic Act;
– Appeal of penal decrees issued by the Labor Inspectorate, National Social Security Institute (NSSI), National Revenue Agency, Executive Agency for Fisheries and Aquaculture and others; – Appeal against administrative acts issued by the municipalities; – Administrative and judicial appeals.
If you need qualified legal assistance in the process of appealing an individual administrative acts, you should contact us immediately and keep the terms for appealing before the Bulgaria courts.
