The decision announced by the DNC for a new suspension of the construction “Golden Age” is another manifestation of administrative arbitrariness, severe state repression, disrespect for the decisions of the Bulgarian court and complete disregard for our constitutional rights. This is stated in the official position of “Artex”, after earlier today the head of the directorate for construction control arch. Vladi Kalinov announced at a press conference that the construction was stopped due to an expired permit.
According to the company, this decision harms not only the interests of a private Bulgarian company, but also the public interest.
“The issuance of an illegal act is quite deliberately undertaken, which, in the context of the specific factual situation, will motivate a lawsuit against the state for millions. And not those who made the decision, but the Bulgarian taxpayers will pay the bill“, stated by” Artex “.
What is happening with the company is a bad sign to all investors for the lack of a predictable investment environment, for flagrant violation of the principle of legitimate legal expectations, for an unstable investment climate and for severe trampling on the rule of law, Artex believes. will defend their rights in court.
Here is the whole position of the company without editorial intervention:
“We are bitter, indignant, shocked. Today we understand with bewilderment the next manifestation of administrative arbitrariness, severe state repression, disrespect for the decisions of the Bulgarian court and complete disregard for our constitutional rights. For the second time our company is used in the most unceremonious and humiliating a way to settle inter-institutional and interpersonal accounts between people in power to whom we have nothing to do.It happened before, during Borissov’s rule, unfortunately, it happens now – under the care of the caretaker government, which supposedly had to pave the way for a new model of governance, a vulgar mockery of the work, money, investment and dreams of hundreds of people.
In a press conference given on 21.06.2021, arch. Vladi Kalinov announced that he was stopping the construction of the Golden Age because, according to the DNC, the construction permit for the Golden Age building had expired on January 20, 2020, apparently taking as a starting point the opening date of the construction site.
First of all, the calculation of the 10-year term for completion of the construction, starting from the date of opening of the construction site, is incorrect in this case, as by the date of the change in the law a new administrative act has already been issued – Order № RD-09 -50-1027 / 19.11.2012 of the Chief Architect of Sofia Municipality, which re-certified the building permit. To put it mildly, the argument that this administrative act should be considered unissued is untenable, because at a later moment, five years later, a change in the law made it redundant – such a thesis would give the change in the Spatial Development Act retroactive effect, as the law definitely not.
Namely Order № RD-09-50-1027 / 19.11.2012 is the valid administrative act, the final legal consequences of which have not yet occurred as of the date of the legal change, ie. the legal relations under this act were found by the new provision of the law. The content of this act should be considered rearranged in the future, ie. the term for completion of the construction, specified in the re-certification order, is automatically extended from 5 to 10 years, until 19.11.2022.
This conclusion was reached by two panels of the Administrative Court – Sofia city in the reasons for their court decisions at the first suspension of construction. However unbelievable as it may be, the DNCK, as a body called upon to monitor the lawful course of the construction processes, treated the court’s position with utter disregard and refused to respect the court’s conclusions.
As a result of the illegal suspension of construction by the DNC in 2019, we were placed in an objective impossibility to continue construction. The suspension order belongs to the category of administrative acts, which are subject to preliminary execution and for which the suspension of the execution by the court is inadmissible.
It turns out that even if the incorrect thesis of the DNCK is accepted for validity until January 2020, with its illegal actions the DNCK took us a full 9 months, from April 15, 2019 to May 15, 2021, within which the gross construction of the building would have been completed long ago. Now DNSK draws arguments for the re-suspension of construction from its own illegal actions! Obviously, the plan is to go to court for the second time and spend the rest of the validity of the building permit there. It’s cynical!
However, this thesis of the DNC is untenable. By analogy with the binding case law on superficies and on the basis of the general legal logic, it should be assumed that the validity period of the building permit ceases to run, while the exercise of the rights under the issued building permit is objectively impossible due to illegal actions of the administration. .
We hope that the people behind today’s decision are well aware of the enormous political responsibility they are taking on. This decision harms not only the interests of a private Bulgarian company, but also the public interest. The issuance of an illegal act is quite deliberately undertaken, which in the context of the specific factual situation will motivate a lawsuit against the state for millions. And not those who made the decision, but the Bulgarian taxpayers will pay the bill.
What is happening to us at the moment is an extremely bad sign to all investors for the lack of a predictable investment environment, for flagrant violation of the principle of legitimate legal expectations, for an unstable investment climate and for severe violation of the rule of law.
We will defend our rights in court, and let the consequences of today’s unjust decision weigh on the conscience of those who took it! “
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