Presentation
Burgas Court of Appeals is an appellate court whose jurisdiction covers the areas of the following courts:
- The District Court of Burgas
- The District Court of Yambol
- The District Court of Sliven
Article 101. (1) A court of appeals shall examine cases instituted on the grounds of appeals and protests against the first-instance acts of district courts in its judicial area.
(2) There shall be one military court of appeals and it shall examine cases instituted on the grounds of appeals and protests against acts of the military courts from the whole country.
Article 102. (1) A court of appeals shall consist of judges and be headed by a chairperson.
(2) The military court of appeals shall consist of judges and be headed by a chairperson.
Article 103. Based on a resolution of the general assembly of the judges at the court of appeals, divisions may be set up and headed by the chairperson or his/her deputies.
Article 104. (1) A court of appeals shall have a general assembly that shall consist of all judges. The chairpersons of the district courts may take part in it but not in its voting.
(2) The general assembly of the court of appeals shall exercise the powers of the general assembly of a district court.
(3) The general assembly may not examine and adopt resolutions on matters related to the organization of the court activities, falling within the competence of the chairperson of the court of appeals.
(4) (New- State Gazette, issue 1 of 2011, effective as of 4 January 2011). The general assembly may be convened upon request of at least one-third of all the judges.
(5) (Former Paragraph 4- State Gazette, issue 1 of 2011, effective as of 4 January 2011). The general assembly shall take place where more than half of all the judges are present and it shall adopt resolutions by a majority of more than half of the judges present.
Article 105. The court of appeals shall sit in a panel of three judges, unless otherwise provided for by law
Article 106. (1) The chairperson of the court of appeals shall:
1. Carry out the entire organizational and administrative direction of the court of appeals and represent it;
2. At the end of each six-month period he/she shall prepare and provide to the Inspectorate at the Supreme Judicial Council and to the Minister of Justice summarized information about the institution, progress and termination of cases, as well as about the acts that have been definitely repealed by higher instances;
3. Prepare:
а) an annual report on the activity of the court of appeals, of the district courts and of the regional courts in its judicial area and submit it by 31 March to the President of the Supreme Court of Cassation who shall incorporate it in his/her annual report;
б) (Amended, State Gazette, issue 33 of 2009) reports, enquiries and statistic data in electronic form in accordance with a model and within terms approved by the Supreme Judicial Council and submit them to the Supreme Judicial Council as well as to the Minister of Justice;
4. Distribute the judges of the court of appeals by divisions at the end of each three-year period;
5. Be entitled to chair judicial panels in all divisions;
6. Carry out in person or assign to a judge of the court of appeals the holding of inspections on the activity organization of the district court judges from the judicial area of the court of appeals;
7. Analyze and summarize the jurisprudence of the court of appeals and of the district courts from the judicial area concerned;
8. Organize the improvement of qualifications of the judges at the court of appeals;
9. Convene the judges of the court of appeals and of the district courts for a discussion of the report under item 3, letter a), of the reports from inspections and of the requests for adoption of interpretative judgements and interpretative decrees;
10. Second judges subject to the conditions of Article 107;
11. Appoint and relieve from office the officials of the court and organize the work of the various services;
12. Convene and preside the general assembly;
13. Organize the publication of effective acts on the website of the court of appeals;
14. Publish the annual report on the activity of the court of appeals on the website of the court of appeals within one month as of its submission to the President of the Supreme Court of Cassation.
(2) The orders of the chairperson of the court of appeals on the work organization of the court shall be binding on all judges and officials thereat.
(3) The chairperson of the military court of appeals shall have the same powers with reference to the military courts.
Article 107. (1) (Amended, State Gazette, issue 33 of 2009) Where the position of a judge at a court of appeals is not taken or a judge is prevented from discharging his office and may not be replaced by another judge of the same court, the chairperson of a court of appeals may second in his/her stead a judge of a district court with the respective rank in compliance with the provisions of Article 227.
(2) The chairperson of the military court of appeals shall second judges of the military courts subject to the conditions of Paragraph 1.
(3) (New, State Gazette, issue 33 of 2009) Where the secondment under Paragraph 1 is not possible, the President of the Supreme Court of Cassation may second an appellate judge from the area of another court of appeals.
(4) (New, State Gazette, issue 33 of 2009) The secondment of a judge under Paragraph 3 shall be co-ordinated with his/her administrative head, where the secondment order shall be duly motivated.