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The membership of Republic of Bulgaria in the European Union preconditions the integration of the Community legal order in the national legal system while observing the established principles for its application – immediate operation, primacy and direct effect. Under argument from art. 628, in relation to art. 633 of Civil-Procedure Code, in cases when the Bulgarian court establishes that the interpretation of the Community norm or validity of deed of the EU authorities are of significance for the accurate solving of the raised dispute, it shall send an inquiry to the Court of Justice of European Union (CJEU) which judgment shall be compulsory for all national courts and institutions. The sooutlined correlation states that the preliminary ruling proceeding of CJEU on the case having regards to the scope of the specific national dispute, is a temporary negative procedural obstacle for the pending lawsuit’s development. The same is deduced in the hypothesis of the provision of art. 229, par. 1, point 4 of the Civil-Procedure Code, the application of which is in particular dependent on the assessment of the direct relevance of the questions referred in the preliminary ruling proceeding. It is permissible the factual compositions on the case the inquiry was made for and the ones on the discontinued case to not be fully identical but necessary is to have similarity between them which to impose in the same context the applying of the respective Community legal norm, interpreted in the meaning given to it by CJEU. Due to this, the presence or lack of reference for preliminary ruling under art. 229, par. 1, point 4 of Civil-Procedure Code is liable to specific analysis in every separate case with review of facts and circumstances established on it by the parties of the dispute.

international journal of humanities, social sciences and education

On Some Disputable Issues of Reference for Preliminary Ruling Regulations and about the Mandatory Nature for Bulgarian Courts of the Court of Justice of European Union’s Judgment on Reference for Preliminary Ruling