A five-member panel of the Supreme Administrative Court (SAC) has confirmed the decision of the first instance that the Council of Ministers (SC) cannot withdraw its proposal to the President to issue a decree on the separation of Obzor as an independent municipality. The President was not bound either by a deadline for issuing a Decree or by its content, regardless of the opinion of the Court of Justice, the decision also states.
This becomes known from a court decision published on its official page.
The decision is final.
It is solely within the powers of the president to decide finally whether or not to approve the decision of the Council of Ministers and to resolve the matter referred to him by issuing the relevant act, the decision states.
The President has not exercised his powers under the Constitution for two years, regarding the proposal of the Court of Justice, the magistrates noted, pointing out that, despite this, there is no formed tacit refusal.
The President was not bound either by a deadline for issuing a Decree or by its content, regardless of the opinion of the Court of Justice, the decision also states.
In December 2023, the first-instance three-member panel of the SAC decided that the Council of Ministers could not withdraw its proposal to the President to issue a decree on the separation of Obzor as an independent municipality. The court declared the cabinet's decision to withdraw null and void. The court pointed out at the time that the Council of Ministers cannot cancel its act in the case under consideration either ex officio or at the request of an interested party.
The case before the Supreme Court was initiated on the complaint of the mayor of Obzor and citizens. It concerns Decision No. 329 of the Council of Ministers dated 27/04/2023, which withdraws the proposal to the President of the Republic of Bulgaria to issue a decree to confirm the borders and the administrative center of the newly created municipality with the administrative center of Obzor, Burgas Region, and of the changes in the boundaries of the municipality of Nessebar, Burgas region, and Decision No. 253 of the Council of Ministers of 2021 is revoked. for an administrative-territorial change for the separation of settlements from the municipality of Nessebar, Burgas region and the creation of a new municipality with the administrative center of Obzor, Burgas region.