THE SUPREME ADMINISTRATIVE COURT REVOKED THE ORDINANCE WHICH REGULATED THE NEW COURT FEES

With a decision from 16.01.2004 a five-member session of the Supreme Administrative Court (SAC) revoked the provisions of § 1 from Ordinance № 154/2003 of the Government with which amendments and supplements to Tariff № 1 from the Law on State Fees.

The court case had been initiated by the Union for Support to Small and Middle Enterprises – a non-profit organization seated in Varna. The main statement made in the appeal to the court is that according to the Constitution of the Republic of Bulgaria, citizens must pay taxes and fees which correspond to their income and property. With the ordinance in question the Government has increased the fees under Tariff № 1 from the Law on State Fees without observing this constitutional principle. The increase of the amount of the state fees for the different services varies between 2 to 30 fold whereas according to the official statistical information from the National Statistic Institute presented in court in the period 1998 – 2002 the real increase of the income is under 30%.
The court accepted that despite there is an increase in the income of the citizens the sharp rise in size of the fees does not correspond to the income of the citizens which directly contradicts with the Constitution. The lawful principle for determining the amount of the fees in correspondence with the expenses made for doing the services has been violated too with the determination of the amounts of the new fees.

Beside from that, SAC has considered that the groundlessly high and not corresponding with the income of the citizens fees limit the constitutionally established right of access to justice which is guaranteed in art. 6, par. 1 from the European Convention for Protection of Human Rights and Basic Freedoms, as well.

The decision of SAC is final and enters into force from the date of its promulgation in the State Gazette after which the old fees which existed before the ordinance of the Government will become effective.

The court fee for registration of an NGO – foundation or association is again 25 lv., the change in circumstances – 10 lv. and the certificate for actual existence – 5 lv.