Administrative litigation is conducted when an administrative authority refuses to fulfill its obligations, enrolled in a law or by a bureaucratic normative act.
The administrative court may challenge individual and general administrative acts, general administrative acts, secondary legislation, or the administrative authority's refusal to issue such administrative acts.
Such cases shall be brought before the appropriate administrative court against which an appeal is lodged against an act or omission by an administrative authority.
The time limit for filing such a complaint is 14 days after the date of learning of the disputed action. The complaint may be filed through the administrative body or directly in the administrative court. The court fee for such cases is BGN 10 for individuals and BGN 50 for legal entities. The decision of the Administrative Court may be appealed before the Supreme Administrative Court. The proceedings before the court are two-sided and the SAC's decision is final. If the case is lost, the applicant may be ordered to pay the costs of the administrative authority. In complex cases, the court may appoint an expertise to be paid separately.
One of the most frequent administrative cases in health care is the cases of medical establishments against the NHIF. They can be against the refusal to sign a contract, against an order to terminate the contract, against the "Indemnity for the recovery of undue payments" or against a sanction order. In the latter case, the law provides for an examination of the case by an Arbitration Commission before judicial review of the lawfulness of the case.
Amendment of the Administrative Procedure Code of 2016 introduces the concept of an administrative contract. It gives a slightly different characteristic of contracts between administrative bodies and natural or legal persons, as well as another order for the compilation and maintenance of such contracts.
A specific example of such cases are those against refusals for treatment abroad issued by NHIF, MH or DDF. Refusal to grant an authorization is an individual administrative act and may be appealed within 14 days of service. The court may cancel the refusal and give instructions to the administrative authority. If the court cancels the refusal as unlawful, the state may be ordered to pay damages for the pecuniary and non-pecuniary damage suffered by citizens. They are governed by the Code of Administrative Procedure and on the basis of the State and Municipal Liability Act.
Other types of cases against administrative authorities are those brought by medical establishments against Penal Decrees. They can be appealed within 7 days after their service to the District Court. There are no costs in these cases. The last instance in these cases is the relevant Administrative Court.
In each case, healthcare establishments can contact us for assistance, including the provision of trained lawyers.
Administrative acts of the same kind are the acts against normative acts - Ordinances, Ordinances of the Council of Ministers, Regulations and others. The latter may be challenged without time limit by all interested parties before the Supreme Administrative Court. In these cases, a fee for promulgation in the State Gazette is due in addition to the state fee. Such are the cases against medical standards, the regulation on access to medical care, the CMC for establishing a national health card, etc.
The decisions of TEMC and NEMC are also subject to administrative and judicial control. The decisions of NEMC may be appealed to the respective administrative court within 14 days of their service. The court may annul the decision of NEMC to issue a new one or to return the NEMC file for a new ruling with mandatory instructions.
The Code of Administrative Procedure makes it possible for the cases to be brought at the applicant's registered office.
Information on such cases can be found in the "Courts Information"