The Supreme Court of Cassation - Bulgaria

 

The Supreme Court of Cassation is the cassation instance for the judicial acts as provided for by law and hears cases as envisaged by law. When a matter of constitutionality is raised for consideration, The Supreme Court of Cassation may refer the matter to the Constitutional Court.

 

The Supreme Court of Cassation shall sit:

 

1.  In panels of three judges, unless otherwise provided for by law,

2. As a general assembly of the criminal, of the civil or of the commercial college when examining a request for the adoption of an interpretative judgment on criminal, civil or commercial administration of justice,

3. As a general assembly of the civil and the commercial colleges when examining a request for the adoption of an interpretative judgment on common matters of the civil and commercial administration of justice.

The Supreme Judicial Council elected the president of the Supreme Court of Cassation on 9 November 2007.

The President of the Supreme Court of Cassation was appointed by virtue of Decree 353 of 12 November 2007 by the President of the Republic of Bulgaria (promulgated in State Gazette, Issue 94 of 16 November 2007).

 

 

Constitution of the Republic of Bulgaria

 

Chapter Six JUDICIARY

 

Article 117. (1) The judiciary shall protect the rights and legitimate interests of the citizens, the legal persons, and the State.

(2) The judiciary shall be independent. In the performance of the functions thereof, all judges, jurors, prosecutors and investigating magistrates shall be subservient only to the law.

(3) The judiciary shall have an independent budget.

Article 118. Justice shall be administered in the name of the people.

Article 119. (1) Justice shall be administered by a Supreme Court of Cassation, a Supreme Administrative Court, appellate courts, district courts, military courts, and regional courts.

(2) Specialized courts may furthermore be created by statute.

(3) Extraordinary courts shall be inadmissible.

 

 

Judiciary System Act

Chapter VIII   Supreme Court of Cassation

  

 

Article 108

(1) The Supreme Court of Cassation shall be the supreme judicial instance in criminal and civil cases.  Its jurisdiction shall cover the entire territory of the Republic of Bulgaria.
(2) The Supreme Court of Cassation shall be seated in Sofia.

Article 109

(1) The Supreme Court of Cassation shall consist of judges and be headed by a chairperson.

(2) There shall be a criminal, civil and a commercial college at the Supreme Court of Cassation.

(3) A college shall be headed by the chairperson or a deputy thereof who may chair judicial panels in the respective college.

(4) There shall be divisions within the colleges.

 

Source: www.vks.bg/english