Enforcing an administrative act against individuals and organisations

A mayor’s order is subject to compulsory enforcement under the Bulgarian Code of Administrative Procedure. Under Article 267, obligations that have fallen due and arise from an enforcement title specified in the Code or another law may be enforced under this part of the Code. Article 268(1), point 1 lists individual or general administrative acts that have become final or are provisionally enforceable among those titles. For enforcement against individuals and organisations, the enforcing authority is the administrative authority that issued or should have issued the act, unless the title or the law designates another authority (Article 271(1)).

Under Article 274(1), the enforcement creditor may be the authority that issued or should have issued the act, or any individual, organisation or authority named in the enforcement title, or their successors. Under Article 276(1), enforcement begins on the issuing authority’s own initiative, including where that authority should have issued the act. Under paragraph 2, it may also begin at the initiative of a superior authority, the public prosecutor or the Ombudsman, or on the written application of an interested individual or organisation. The enforcing authority invites the debtor to comply voluntarily within 14 days of receipt of the notice (Article 277(1)).

Where the debtor must perform an act that another person can carry out, the enforcing authority performs it at the debtor’s expense. At the creditor’s request, the authority may authorise the creditor to perform it; the authority pays the expenses for the debtor’s account (Article 286). The authority may request assistance under Article 271(3). Enforcement proceedings end when the obligation has been fulfilled and the costs of the proceedings collected (Article 283).

Under Article 272(1), the authority must enforce the obligation in the manner specified in the enforcement title. If no method is specified or the specified method is impossible, the authority determines: 1. the means and methods most effective in the circumstances of the case; 2. where several methods are equally effective, the means and methods most favourable to the individuals or organisations against whom or for whose benefit enforcement takes place.

This article is not a legal opinion or advice concerning a particular situation or person. For assistance with a similar case, consult a lawyer who practises administrative law.