Новини от Велинград и региона

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Начало Криминална хроника SAC has declared a decision of the Municipal Council to be illegal

SAC has declared a decision of the Municipal Council to be illegal

01.11.2005 10:26 •
Dated 25 October 2005 The Supreme Administrative Court ruled that in December 2004 Municipal Council - Velingrad has made an illegal decision to remove Stoyan Dulev from the mayoral post. The SAC ruled on a complaint of the Municipal Council against the decision of the Pazardzhik District Court and confirmed it. The Supreme Court considered that when on 9 December 2004 The municipal councilors have confirmed their decision of 25 November 2004. to depose the interim mayor, they have ruled beyond their purview. The reason is that between the two dates St. Dulev challenged the first decision in court. The Municipal Council cannot rule on a decision that has been taken to court, the SAC decrees. The judges rejected the Municipal Council's thesis that St. Dulev had to appeal the decision first to them on the grounds that acting in the interests of the citizens, the then vrid mayor had the legal right and reason to refer the case to the court first.
The three-member composition of the SAC also rejected the motive of the Municipal Council that after the election of Mr. Dulev as mayor in September 2005. his last year's appeal had no legal consequences. The Court recalls that the subjective right of St. Dulev is whether or not to withdraw the complaint that he has the right to defend himself, as the decision of the Municipal Council had both property and moral consequences to him.
The decision of the SAC is not subject to appeal. The first consequence of it is that Mayor St. Dulev can claim material compensation because of the termination of his employment contract as deputy mayor of At. Vodev on 1 January 2005. Whether there will be other legal consequences is again a complex legal case, which we have been constantly witnessing in the municipality of Velingrad for 2 years now.
Tempo


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