Appealing administrative acts
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Appealing Administrative Acts in Bulgaria
In the performance of their duties, various state and municipal authorities in Bulgaria frequently issue administrative acts such as penal decrees, electronic fines, and other regulatory sanctions.
These acts often have a direct impact on the rights and legitimate interests of citizens and businesses.
However, the accuracy, proportionality, and legality of such acts are not always ensured.
Even though administrative acts are generally issued by trained officials familiar with the relevant legal framework, errors and violations still occur.
These may involve incorrect findings by inspection bodies, disproportionate penalties, or procedural breaches during the administrative process.
Given the complex and constantly changing nature of Bulgarian administrative law, it is common for unlawful or improperly issued acts to appear.
That is why appealing administrative acts is an important legal mechanism for protecting one’s rights.
The legal framework
The issuance, challenge, and enforcement of administrative acts in Bulgaria are governed by the Administrative Procedure Code (APC).
All Administrative acts are issued in compliance with the law and for the purpose of implementing legal provisions.
Appeals can be filed against individual and general administrative acts, while normative acts (such as regulations) are challenged through judicial proceedings before the administrative courts.
Certain bodies, including the President of the Republic, the Council of Ministers, and Regional Governors, are not subject to administrative appeal. Acts issued by authorities that have no higher administrative body are also challenged directly before the court.
Only interested parties whose rights or legitimate interests are directly affected may initiate an appeal.
Grounds for Appeal (Article 146 APC)
Under Article 146 of the Administrative Procedure Code, an administrative act may be challenged on the following grounds:
- Lack of competence – the act is issued by an authority without proper jurisdiction (personal, material, or territorial).
- Non-compliance with the established form – procedural irregularities in drafting or issuing the act.
- Substantial violation of administrative or procedural rules.
- Contradiction with substantive legal provisions.
- Non-compliance with the purpose of the law.
Each of these grounds provides a strong basis for contesting an unlawful or unfair administrative act before the competent court.
Legal Remedies and Procedure
Administrative appeal procedure begins with the filing of an objection to the issuing authority or to its superior administrative body.
If the objection is rejected or left without consideration, the affected party may file a judicial appeal before the competent Administrative Court within the statutory time limit.
The court reviews both the lawfulness and the substance of the contested act, ensuring full protection of citizens’ and companies’ rights.
Our Legal Services
Our law office provides comprehensive representation and legal defense in the field of administrative law, including:
- Challenging administrative acts before administrative authorities and courts.
- Preparation of objections, appeals, and supporting documentation.
- Representation before inspection bodies such as the Labor Inspectorate, National Revenue Agency (NRA), National Social Security Institute (NSSI), Executive Agency for Fisheries and Aquaculture, and others.
- Appeals against penal decrees and electronic fines issued under the Road Traffic Act.
- Appeals against municipal and regional administrative acts.
- Judicial defense before the Administrative Court and the Supreme Administrative Court.
Our experienced team combines deep knowledge of Bulgarian administrative and procedural law with practical expertise gained from numerous successful cases across different sectors.
Why Choose Us
- Proven track record in overturning unlawful administrative sanctions.
- Individualized strategy for each case, ensuring procedural accuracy and optimal results.
- Transparent communication and timely updates throughout the entire process.
Appealing administrative acts is not merely a formal procedure—it is a crucial legal tool for safeguarding your rights and interests against arbitrary or unlawful actions by the administration.
Our law office offers the full range of legal assistance needed to ensure that every administrative act is subject to lawful, fair, and transparent review.