February 3 (BTA) - Ruling on two administrative cases, two separate three-judge panels of the Supreme Administrative Court (SAC) declared null and void parts of a Council of Ministers resolution related to the sanctions under the Global Magnitsky Act, said the SAC on Thursday.  The parts in question are items 1, 3 and 6 of the resolution, which envisages actions to be taken following the sanctions imposed by the US in June 2021 on Bulgarian individuals, including MP Delyan Peevski and gambling mogul Vassil Bojkov.

Both cases, opened after similar appeals from Irena Krasteva (Peevski's mother) and from Internews 98 OOD, whose associates are Elena Dineva (Bojkov's wife) and Nove Internal EOOD, were closed at first instance. The decision is appealable before a five-judge panel of the SAC within 14 days.

According to the supreme magistrates, the parts in question are null and void because the resolution was published in the absence of competence and it was not based on EU law, the Bulgarian Constitution, the national law, or an international treaty ratified by Bulgaria. The Global Magnitsky Act can be used as the basis for swift and timely action from the national authorities, but a national law must exists to this end. As this is not the case here, the Global Magnitsky Act has no direct application on Bulgarian territory, the magistrates reasoned. This problem has been subject to review by the EU as well.

A total of 62 cases have been brought to the SAC by individuals and entities affected by the Bulgarian caretaker government's resolution, which blacklisted all individuals and companies linked to those sanctioned under the Magnitsky Act.  /RY/NZ, DS