A three-member panel of the Supreme Administrative Court annulled Ordinance No. 1 from 17.01.2001 to organize road traffic, issued by the Minister of Regional Development and Public Works. Administrative case No. 1925 of 2022 was formed on the complaint of Municipality of Varna and the mayor of Varna Municipality.
The High Magistrates hold that before issuing the procedural regulation, the Minister of Regional Development and Public Works had the obligation to hold a discussion of the draft normative act with the interested persons and organizations, so that they could actually exercise their right to proposals and opinions on it. The opening of the proceedings for the issuance of a new ordinance should be made public through the media or in another appropriate way, including the main considerations for the issuance of the act.
In this case, the general public is affected by the act, which was not given the opportunity to participate in the administrative proceedings. The follow-up of the actions on submission and discussion of the proposal, on its communication and its consideration necessitates the conclusion that the requirements of the cited norms for disclosure and to the public in an appropriate manner have not been met.
The ordinance does not meet the requirements of Art. 9 of the Law on Normative Acts and Art. 36, para. 1 of Decree No. 883/1974 for the formulation of the provisions of the normative acts, as it lacks clear rules for specification and comprehensiveness of the conditions and the order in which the organization of the movement should be carried out, which complicates and confuses the obliged legal entities.
The decision is subject to appeal before a five-member panel of the Supreme Court.
