The Supreme Administrative Court left without consideration an appeal of the Political Party “Movement for Rights and Freedoms” and terminated the proceedings in administrative case No. 8584 against CEC decision No. 3690-НС/11.09.2024 for the registration of the Coalition “Movement for Rights and Freedoms– A New Beginning“ for participation in the elections for people's representatives on October 27, 2024
The supreme magistrates accept that the appeal is inadmissible, since the challenge aims at the annulment of an act excluded from the range of administrative acts subject to challenge before a court. The general rule of Art. 159, item 1 of the Code of Administrative Procedure (APC) requires that the complaint be left without consideration, and the legal proceedings initiated on it be terminated, since the act attacked by it is not subject to challenge.
Insofar as the appeal formulates an inadmissible request / based on Art. 99, items 1, 2 and 6 of the APC and defined by the applicants as “newly discovered“ and “newly established” facts of essential importance/ to resume the administrative proceedings conducted before the CEC, which ended with the issuance of the procedural decision of 11.09.2024, it should be noted that it undoubtedly did not enter into force in view of the complaint filed against it, and hence outside the scope of the acts referred to in art. 99 of the APC.
The rest of the issues raised by the appeal in one part concern the assessment already carried out by the three-member panel that considered the appeal against the CEC's refusal to register the Coalition "Movement for Rights and Freedoms - A New Beginning", respectively - are precluded by the decision of decision No. 9728/11.09.2024 in case No. 8364/2024 of the Supreme Court entered into force. Others, in essence, are included in the subject matter of the case, initiated on appeal against an act of the CEC, which refused to consider a statement of the PP “DPS“ for refusal to participate in a coalition agreement, on which another case of the Supreme Administrative Court was initiated (No. 8586/2024) The Supreme Magistrates accept that, in view of the subject of the present proceedings, it is inadmissible for this court panel to assess the legality of the judicial acts rendered in the aforementioned court cases.
For the reasons set out above for the existence of the hypothesis under Art. 159, item 1 of the APC, the SAC accepts that the complaint of the Political Party “Movement for Rights and Freedoms”, represented by Jevdet Chakarov and the Coalition “Democracy, Rights and Freedoms– DPS“ is inadmissible, which is why it should be left without consideration, and the legal proceedings initiated on it – to be terminated.
The determination is not subject to appeal or cancellation, the press center of the Supreme Court announced.