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НОРМАТИВНИ ИЗИСКВАНИЯ ЗА БЪЛГАРСКОТО ЗАКОНОДАТЕЛСТВО И ЗЛОУПОТРЕБИ С ПРАВО.

Authors :
Михайлова, Екатерина
Source :
Ohrid School of Law; 2019, Issue 9, p135-150, 16p
Publication Year :
2019

Abstract

The article represents the legal basis of Bulgarian legislation. Within Bulgarian tradition, the basic requirements for the legislation are being laid down in the constitution and further developed in the Statutory Instruments Act (SIA) and the Decree No.883 for its implementation. The Rule of Organization and Procedure of the National Assembly (ROPNA) and the Rules of Procedure of the Council of Ministers (RPCM). Acompletely new chapterdedicated to the drafting of legislationhas been established in the 2016 amendment of the Statutory Instruments Act, including prior assessment of impact, public consultation, and compliance with EU legislation and with the case law of ECHR. The basic principlesshall be necessity, reasoning, predictability, consistency, subsidiarity, proportionality and stability. They are in line with the Interinstitutional Agreement between the European Parliament, the Council and the Commission on better law making from 13 April 2016. The practice of Bulgarian law making howevershows many examples for noncompliance withthese principles or their formalization. As a result the Report of the Commission to the European Parliament and the European Council on the progress of Bulgaria under the Cooperation and Verification Mechanism and the case law of the Supreme Administrative Courtcontain lots of criticism to Bulgarian law making. [ABSTRACT FROM AUTHOR]

Details

Language :
Bulgarian
ISBNs :
9786084767121
Issue :
9
Database :
Complementary Index
Journal :
Ohrid School of Law
Publication Type :
Conference
Accession number :
175881625