Нарушенията на административнопроизводствените правила по издаване на нормативните административни актове като основание за прогласяване на нищожност или отмяна
Автор: Антон Кръстев
The Breaches of Procedural Rules Regulating the Issuance of Normative Administrative Acts as Grounds for Declaring Null and Void or Repealing
Anton Krastev
Резюме
The study focuses on the various forms of procedural breaches in the issuance of normative administrative acts and their judicial interpretation as grounds for review. It begins with an overview of the legal requirements, particularly the legal regime of the administrative acts and, more specifically, the normative administrative acts. The analysis then outlines the legal nature and the procedural stages in their issuance, finding deviations that are procedural violation of the rules governing the issuance of normative administrative acts. The core discussion examines the actual treatment of procedural defects during the judicial review of the normative administrative acts’ validity, distinguishing errors that make the acts null and void or voidable, which the courts would accordingly repeal. Finally, the analysis outlines existing inconsistencies in the procedural regulation of the issuance of normative administrative acts and proposes de lege ferenda recommendations.