Вид на акта
искане
Дата
01-01-1970 г.
Към дело
/

  DECISION No. 12 OF JULY 20, 1995 ON CC No. 15/95

Motion by the Supreme Court of the Republic of Bulgaria challenging the constitutionality of the provision of Art. 360 para 2 the last sentence of the Labor Code (LC) (DV, No. 26 of April 1, 1986), the phrase "and other civil servants listed in an act of the Council of Ministers".
The Constitutional Court ruled the challenge was motivated and declared the challenged part of the text of Art. 360 para 2 of the LC to be in contravention to Art. 120 para 2 of the C. In principle every citizen shall have the right to legal defense whenever his or her rights or legitimate interests are violated or endangered (Arts. 56, 117 and 120 para 1 of the C.). The Constitution allows an exception to this principle only for administrative acts that are expressly laid down in a law. The section of Art. 360 para 2 of the LC allowing that an act of the Council of Ministers may name categories of civil servants whose labor disputes and dismissal shall not be contested in court is directly in contravention to the quoted text from the C.