written act issued by the Managing
Authority is an administrative act."
19.10.2015, The Supreme
Administrative Court of Bulgaria
clearly states: "These relations
are characterized by elements of
subordination and should therefore
be defined as administrative, despite
being "dressed" in contractual form."
contradictive court award is issued. All
the aforementioned demands practice
unification that ought to be achieved
the adoption of "Law on Management
of European structural funds and
investment funds" promulgated in State
Gazette on December 22, 2015.
Pursuant to Art. 73 of that law, the
financial correction shall be made and
determined by a grounded decision of
the Head of the Managing Authority
(public body) of the program. Such
a decision can be challenged before
the Administrative Courts under the
Administrative Code. The court shall
render an award within two months.
Nevertheless, the Act on
Management of European structural
a principle familiar to civil law that in
a way favors the Managing Authority.
Upon contestation of the individual
administrative acts, the state fees shall
be determined as a percentage of the
material interest or in other words,
proportional to the amount of the
funding cancelled by the same Managing
Authority when imposing financial
corrections. Unfortunately, this once
again may be considered an economic
filter for access to justice any claim
shall be rejected and returned if the full
amount of the legal fee is not paid in
advance.