The Negative Declaratory Action under the Code of Administrative Procedure

Authors:

Pages: 381-391
DOI: https://doi.org/10.54664/HLIP3121

Abstract:

Subject of enforcement under the Bulgarian Code of Administrative Procedure (CAP) are not only judicial enforcement grounds but also administrative acts, agreements and contracts of an administrative authority that have not undergone judicial review. Therefore, it is necessary in the application of Art. 292 of CAP to assess whether certain facts and objections are precluded and in which cases. Parallels are drawn with the country’s civil and tax procedure codes. This report addresses issues concerning parties; jurisdiction; collateral; the existence of new facts; the question of the substance or admissibility of a claim. It attempts to answer what is the relationship with Art. 128(1), items 1 and 2, whether it is permissible to objectively join these proceedings with the claim under Art. 292 of CAP, etc. Based on the litigation, recommendations are made for improving the legal framework.

Keywords:

coercive enforcement; protection against illegal enforcement; material protection; negative declaratory action; procedural protection; grounds for enforcement; administrative authority.

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