On alleged refusal of the judicial authorities to apply the primacy of European Union law in Bulgaria 

Petition addressed to: Petitionsausschuss des Europäischen Parlaments

The petitioner, a member of “Association of victims of the private bailiffs and the justice system – Solidarity”, complains about refusal of the judiciary to implement the primacy of European Union Law in Bulgaria. She alleges that the Bulgarian legislation contains legal provisions that are contrary to the Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts and to Article 47 of the EU Charter of Fundamental Rights and to the principle of efficiency.According to the petitioner, the provisions of Bulgarian Civil Code and particularly those of Order and Enforcement Procedures do not provide the fundamental right of a fair trial. She also alleges that most of the cases were initially vitiated by the district judges who deliberately did not explicitly issue judicial acts. She states also that there is no real legal opportunity to appeal the actions and omissions of private bailiffs, which is further aggravated by the lack of real control over them. The petitioner alleges that currently her accounts, salary and pension are seized by a private bailiff, without being given a justification.