06 January 2015 г.

Doctor Georgi Todorov from the city of Russe requested from the Bulgarian Medical Association (BMA) access to the decisions of the Steering Committee of the BMA by which external consultants to the association were selected; the contracts signed with those consultants and the amount of remunerations received by them for the period July 2012 – February 2013.


The Chairperson of the BMA did not respond to the request and the silent refusal was challenged with the support of AIP before the Administrative Court Sofia–City (ACSC).


With a Ruling as of March 2014, the ACSC left the appeal without consideration on the ground that the BMA was not an obliged body under the APIA. The Ruling was appealed before the Supreme Administrative Court (SAC).


By ruling no. 7441 as of 3 June 2014 (in Bulgarian), the Supreme Administrative Court declared the Bulgarian Medical Association (BMA) an obliged subject under the Access to Public Information Act as a body, subject to public law, thus repealing an first instance court (Administrative Court Sofia – City) ruling. The supreme justices held that the BMA should be considered a body, subject to public law, because its establishment, existence, structure, organization and activities are regulated by law – the Professional Organizations of Physicians and Dentists Act and it has public law functions under primary and secondary legislation.


At the new hearing, the ACSC delivered a Decision No. 8213 as of 29 December 2014 (in Bulgarian) repealing the silent refusal of the BMA and obligating it to issue a decision on the request.


The ACSC decision was not appealed and entered into effect.