Decision of Constitutional Court of Republic of Bulgaria No. 9, Constitutional Case No. 15/2002 of October 24, 2002
Rationes Decidendi:
The number of instances (the structure of court instances) depends on the structure of the judicial system, which is subject to special procedural and other laws. The Constitution does not stipulate a three-instance judicial system as an overriding mandatory constitutional principle. There is no constitutional obstacle preventing the resolution of certain selected civil and criminal matters within the framework of a different system of court instances.
A single-instance judicial system for proceedings on the annulment (setting aside) of arbitral awards (i.e. exclusion of appeal) does not violate constitutional rights to legal protection.
The Supreme Court of Cassation is merely a supervisory and appellate court. It does not have jurisdiction to review arbitral awards on the merits. The Supreme Court of Cassation only renders decisions on motions for the annulment (setting aside) of arbitral awards on the grounds expressly specified in the International Commercial Arbitration Act (ICAA [BUL]).
Appellate court
setting aside
natural and legal person
the structure of court instances
overriding mandatory principle
single-instance system
court of cassation
court of appeal
protection of rights
legal protection
legal certainty
legal person
exercise of rights
judicial system
three-instance system
Constitutional principle
Univ. Professor, Dr.iur., Mgr., Dipl. Ing. oec/MB, Dr.h.c. Lawyer admitted and practising in Prague/CZE (Branch N.J./US), Senior Partner of the Law Offices Bělohlávek, Dept. of Law, Faculty of Economics, Ostrava, CZE, Dept. of Int. and European Law, Faculty of Law, Masaryk University, Brno, CZE (visiting), Chairman of the Commission on Arbitration ICC National Committee CZE, Arbitrator in Prague, Vienna, Kiev etc. Member of ASA, DIS, Austrian Arb. Association. The President of the WJA – the World Jurist Association, Washington D.C./USA.
e-mail: office@ablegal.cz
