I was approached by Bulgarian and Romanian citizens, victims of the vicious practice of the Bulgarian courts to conduct civil cases without the presence of the parties to injunction proceedings. In these cases, the debtors did not acknowledge in advance the amount of the claimed monetary obligation, there are no protocols of the closed court hearings and no court acts, and there is no evidence that they were served on the alleged debtors. There is also no court act as to which bailiff to serve the enforcement order under Art. 417 of the Civil Procedure Code, private or public. There is also no evidence that the order for issuance of the writ of execution is being served to the debtors.
My questions are:
- Does this not contradict Art. 6 and Art. 13 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and Art. 47 EU Charter of Fundamental Rights ?
- Who is to blame for this vicious practice to exist – the Legislator, the Ministry of Justice or the courts themselves?
- What measures will the European Comission take to eliminate the problem and compensate the damages?