Petition richtet sich an: Petitionsausschuss des Europäischen Parlaments

The petitioner, member of "Association of victims of the private bailiffs and the justice system – Solidarity", complains about the 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 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. The petitioner claims that her apartment was pledged as a mortgage loan guarantee and subsequently a private bailiff proceeded to sell it without issuing and providing legal documents. According to the petitioner, the provisions of the Bulgarian Civil Code, and particularly those on Order and Enforcement Procedures, do not provide the fundamental rights of a fair trial and effective remedies based in Articles 6 and 13 of the European Convention on Human Rights. She also alleges that most of the cases were initially mishandled by the district judges, who deliberately did not issue any judicial acts. She also claims 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.