Is the Provision of Art. 301 of the Bulgarian Code of Administrative Procedure Just Legislative Logorrhea?

Authors:

Pages: 229-238
DOI: https://doi.org/10.54664/PSMW5110

Abstract:

Logorrhea (from Ancient Greek λόγος logos ‘word’ and ῥέω rheo ‘to flow’) is a communication disorder that causes excessive wordiness and repetitiveness which can lead to incoherence. The article justifies the assumption that, without legal guarantees, Article 301 of the Bulgarian Code of Administrative Procedure (CAP) could be a meaningless flow of words. When the administrative act is revoked after commencement of the enforcement, the administrative authority should restore the violated right within one month, or satisfy the injured party in another legal manner when this is possible. Insofar as there are no legal mechanisms to oblige the authority to perform its public duty, the person concerned is entitled only to compensation, which is not always an effective remedy. Based on the litigation, conclusions and recommendations are made for improving the restoration and compensation measures of Art. 301 of the CAP.

Keywords:

enforcement, administrative authority, non-performance of the administrative obligation, restoration measures, revocation of administrative act, liability, compensation

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