“The battle for the road in Rosenets is yet to come!”
This was commented by Konstantin Bachiiski for Iskra.bg on the occasion of a decision of the Burgas Administrative Court that for now the road to Rosenets Park remains municipal property. The court partially complied with the appeals of the companies – “Hermes Solar” and “Straightline”, the ministry announced.
At the first session in April 2020, after 2 votes, a decision was made on several points. The first one approved an amendment to the Detailed Development Plan (DDP), which would allow a change in the street network in the area. The second approved the draft preliminary contracts with Hermes Solar and Straightline. The companies had to get land, which includes the street to the „summer sheds“, and they had to donate others to the Municipality of Burgas. With the third point, these municipal properties were to become private municipal property and thus the exchange should take place. In the fourth case, an opportunity was provided to conclude the respective contracts in case of change of the Detailed Development Plan (DDP).
The decision on the first point is being appealed and the case is not over yet.
After huge civil protests, heavy clashes with police, and demands for the resignation of the government and the chief prosecutor. Only then did the Burgas council withdraw its April decision to change ownership of the road. This created an incredibly confusing case.
The two companies linked to Ahmed Dogan are appealing the decision in court. Initially, the case was heard at the highest instance, after which it was returned to the Burgas court. In a decision of July 20, the Burgas Administrative Court ruled that Hermes Solar and Straightline had no legal basis to claim a third point. It is about the change of property ownership from public to private municipal. The magistrates ruled that their appeal was inadmissible. The court finds the following two points for the concluded contracts, the following:
“There is no procedural order by which the Municipal Council of Burgas could withdraw a decision previously issued by it and entered into force – subject of the present case. In this sense, the decision thus rendered is a null and void administrative act, because it is completely devoid of legal basis and an act with the same content cannot be issued on the basis of any law, by any body.”
The court annulled the withdrawal under the second and fourth points, which are for the approval and conclusion of the contracts, because the decision taken has no legal value. However, the ownership of municipal properties remains the same. Konstantin Bachiiski explained to Iskra.bg:
“The court ruled that companies appealing for a change in the status of the road from public to private property have no legal interest in doing so. But he separately recognized their right to appeal points two and four, with which the court in Burgas made it so as not to take any side and decision on the case. The court came out in a somewhat Jesuit way – companies have the right to enter into contracts, but a property that is public cannot pass into private hands if it has not previously acted as a private municipal. It cannot be sold, replaced, etc. This decision will be appealed by these two companies and the Municipality of Burgas in Sofia.”
The decisions of the Burgas magistrates are subject to appeal before the Supreme Administrative Court.
From the editorial office of Iskra.bg we continue to monitor the development of the case.
