Are interpretative judgments and interpretative decrees of the Supreme Court of Cassation and the Supreme Administrative Court subject to oversight for constitutionality?

Both the Supreme Court of Cassation and the Supreme Administrative Court have often been criticized for carrying out their official interpretive work under Chapter Four „Courts“, Section X „Interpretative judgments and interpretative decrees“ of the Judiciary Act, exceed the powers granted to them by the Constitution of the Republic of Bulgaria. Whether such criticism is justified is a question whose answer is not the subject of the present study. This article examines the possibility of the Constitutional Court of the Republic of Bulgaria exercising control over the constitutionality of the interpretative judgments and interpretative decrees of the Supreme Court of Cassation and the Supreme Administrative Court.

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Publication Details

Journal
De Jure
Published
2025-05-09
DOI
https://doi.org/10.54664/ntzu8033
Primary Topic
Judicial and Constitutional Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Are interpretative judgments and interpretative decrees of the Supreme Court of Cassation and the Supreme Administrative Court subject to oversight for constitutionality?

Radoslav S. Dimitrov
De Jure
Judicial and Constitutional Studies
article

Are interpretative judgments and interpretative decrees of the Supreme Court of Cassation and the Supreme Administrative Court subject to oversight for constitutionality?

Radoslav S. Dimitrov
article en

Abstract

Both the Supreme Court of Cassation and the Supreme Administrative Court have often been criticized for carrying out their official interpretive work under Chapter Four „Courts“, Section X „Interpretative judgments and interpretative decrees“ of the Judiciary Act, exceed the powers granted to them by the Constitution of the Republic of Bulgaria. Whether such criticism is justified is a question whose answer is not the subject of the present study. This article examines the possibility of the Constitutional Court of the Republic of Bulgaria exercising control over the constitutionality of the interpretative judgments and interpretative decrees of the Supreme Court of Cassation and the Supreme Administrative Court.

De JureVol. 16(1)
Peace, Justice and strong institutions
Openalex Percentile: Top 84%
Judicial and Constitutional Studies
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