Introduction

• Author: Genoveva Tisheva
• Pages: 5-8

5

1Introduction

1.1Basic structure of the national legal system

In terms of direct sources of law, the Bulgarian legal system is based on a strictly defined

hierarchy of the sources of law as follows:

EU Lawhas supremacy over the internal legal provisions of the legislation of Bulgaria

(including Constitutional provisions) which contradict it and it can have direct effect. This

is also valid for the field of legislation related to gender equality.

The Constitution

The provisions of the Constitution are directly applicable.

Decisions of the Constitutional Court

These are obligatory interpretations of the Constitution. The Constitutional Court is also

entitled, among other competences, to declare provisions contained in an Act of Parliament

to be anti-constitutional. The Court pronounces rulings on compliance with the Constitution

of international treaties signed by Bulgaria, prior to their ratification, as well as rules on

compliance of the laws with the universally recognised provisions of international law,

including compliance with the international treaties to which Bulgaria has adhered.

International treaties

According to Article 5, paragraph 4 of the Constitution:

‘International treatiesз ratified in compliance with the constitutional procedureз

promulgated and entered into force for the Republic of Bulgaria are part of the

domestic law of the country and have supremacy over those provisions of the

domestic law which contradict them.’

Acts of parliament and codifications

Among the major codes currently in force in Bulgaria are the Administrative Procedure

Code of 2006, the Civil Procedure Code, effective as of 1 March 2008, the Social Insurance

Code of 1999, the Labour Code (LC) of 1986, the Criminal Code of 1968, the Criminal

Procedure Code of 2006 and the Family Code of 2009. The Law on Protection from

Discrimination, adopted in 2003, is also a sui generis codification in the field. The Law on

Equality between women and men from 2016 is applicable for the issues of gender equality.

Delegated legislation

The Constitution and a number of Acts of Parliament provide and delegate to the Council

of Ministers, the Ministers separately, other public bodies and/or officials the authority to

issue decrees, regulations, ordinances and instructions, to ensure the detailed regulation

of specific areas of economic or social activity.

The practice of the courts

The judgments issued by the Bulgarian courts in individual proceedings have no universal

applicability, i.e. they are binding on the parties involved. At the same time, some

judgments and interpretative decisions and decrees of the Supreme Administrative Court

(SAC) and of the Supreme Court of Cassation are a source of law and also have an impact

on legislation and practice in the field of gender equality.