Bulgarian Magistrate Competition Exam key terms

The principle that the Constitution stands above all other legal acts; statutes or decisions conflicting with it may be annulled, and all state bodies must apply it directly.

A separate judicial body that reviews the constitutionality of statutes and settles competence disputes and certain electoral or immunity matters; its rulings bind all authorities.

The rule that constitutional norms may be invoked and applied by courts and authorities without waiting for implementing legislation, particularly where rights are sufficiently precise.

The constitutional principle requiring that state power be exercised only under law, that authorities respect legality, proportionality and legal certainty, and that citizens enjoy effective judicial protection.

A test requiring that a restriction of a right pursue a legitimate aim, be suitable and necessary for it, and not impose an excessive burden compared with the benefit achieved.

A procedure by which a court hearing a case, or a designated group of officials, asks the Constitutional Court to declare a statute unconstitutional before the ordinary proceedings continue.

The recognised ability of a person to hold rights and bear duties; it arises at birth and is equal for all natural persons, regardless of age or health.

The ability to acquire rights and assume obligations through one's own legally relevant acts; full capacity normally comes with majority, while minors and interdicted persons are restricted.

A court measure placing a person whose mental disorder prevents them from managing their affairs under full or partial restriction of capacity to act, with a guardian appointed.

A protective regime in which a court-appointed guardian acts for a minor or an interdicted adult, managing their property and personal interests under court supervision.

The procedural preconditions allowing a court to examine the merits: standing, jurisdiction, absence of a prior final judgment, and compliance with mandatory pre-trial or time-limit rules.

The binding force of a final judgment, which precludes the same parties from litigating the same claim again and binds courts in later proceedings on the determined legal relationship.

The procedural duty of a party to establish the facts it relies on; failure to convince the court of an essential fact generally leads to losing that point.

An ordinary remedy by which a party asks a higher court to review a first-instance judgment on facts and law before it becomes final.

A review limited to points of law and procedural legality, in which the supreme court may quash a final judgment and remit the case or decide it on the merits.

The rule that an accused person is treated as innocent until a final conviction establishes guilt; doubt must benefit the accused and the burden lies on the prosecution.

A rule of evidence evaluation providing that unresolved factual doubt about the elements of an offence or the defendant's guilt must be resolved in favour of the accused.

The investigative stage conducted by investigating authorities and supervised by a prosecutor, in which evidence is gathered and charges may be brought before trial.

Procedural restrictions on a suspect or accused, such as detention, bail or travel bans, imposed by a court or authority when statutory grounds and proportionality are met.

The prosecutor's legal power to oversee the legality of investigations, direct investigative acts, terminate or continue proceedings, and bring the case to court.

The formal act by which the prosecutor brings an accused to trial, defining the charge, the facts and the evidence supporting it.

A unilateral decision of an administrative authority creating, changing or extinguishing rights or duties for an individual addressee, subject to judicial review.

The authority's lawful freedom to choose among several possible decisions; it must be exercised for the statutory purpose and within the limits of proportionality and equal treatment.

A judicial remedy by which a court quashes an unlawful administrative act, typically with retroactive effect and often with a direction to the authority.

An interim measure halting execution of an administrative act during judicial review where immediate enforcement could cause irreparable harm and the challenge appears well founded.

The status of a registered company as an independent legal person with its own rights, assets and liabilities, distinct from its shareholders and managers.

The principle that shareholders risk only their contribution to the company's capital and are not personally answerable for corporate debts, subject to statutory exceptions such as piercing the veil.

The aggregate nominal value of shares subscribed by shareholders, serving as a creditor-protection fund and a condition for incorporation and capital maintenance.

A collective court procedure for an unable-to-pay debtor, aimed at proportionate satisfaction of creditors through reorganisation or liquidation under a trustee.

An agreement under which a worker performs personal work under the employer's direction and control in return for remuneration, with mandatory statutory minimum protections.

The employer's unilateral termination of an employment contract, valid only on statutory grounds, in the prescribed form and within time limits, subject to judicial challenge.

A court remedy declaring a dismissal unlawful and restoring the worker to the same position with continuity of service and compensation for lost wages.

The period during which the worker must be available to the employer, regulated by maximum limits, rest periods, overtime rules and annual leave entitlements.

The statutory or contractual rules governing ownership of assets acquired during marriage and their division upon divorce, including separate and community property models.

Judicial dissolution of a marriage on statutory grounds, which also determines parental responsibility, maintenance and division of matrimonial property.

Transfer of a deceased person's rights and duties to heirs by will or by statutory succession, subject to reserved portions and acceptance or renunciation.

The share of the estate that statute guarantees to certain close relatives, which the deceased cannot freely dispose of by will.

The fullest real right, giving the holder power to possess, use, enjoy and dispose of a thing, subject to statutory limits and the rights of others.

Factual control over a thing, whether or not accompanied by a right to it; it enjoys legal protection and can mature into ownership through adverse possession.

A rule allowing a buyer who reasonably relies on the transferor's apparent ownership to obtain title, protecting security of transactions over the true owner's claim.

The debtor's duty to compensate damage caused by non-performance or defective performance, unless excused by impossibility or other statutory grounds.

Liability to repair harm caused wrongfully and culpably outside a contract, based on fault, causation and protected interest, with strict liability in defined cases.

The constitutional guarantee that judges decide cases only under the law, free from instruction, pressure or interference by other powers or private actors.

Statutory prohibitions on judges and prosecutors holding other public or commercial offices, membership in political parties or activities that could undermine impartiality and trust.

Protection shielding judges from civil or criminal liability for acts performed in their judicial capacity, subject to exceptions for intentional wrongdoing.

The responsibility of magistrates for breaches of duty or ethics, sanctioned by a judicial council through warnings, demotion, suspension or removal.

The constitutional body that appoints, promotes, transfers and disciplines judges and prosecutors, safeguarding judicial independence while including elected magistrate members.

A procedure under which a national court asks the Court of Justice of the European Union to interpret EU law or assess validity before giving judgment.

The capacity of sufficiently clear and unconditional EU provisions to be invoked by individuals before national courts, including against the state.

The rule that EU law prevails over conflicting national provisions, obliging national courts to set aside incompatible rules without waiting for legislative repeal.

A judicial decision issued by a member state for the arrest and surrender of a person by another member state for prosecution or execution of a sentence, subject to limited refusal grounds.

The principle that judicial decisions and judgments issued in one member state are accepted and enforced in others with minimal review of substance.

The prohibition on prosecuting or punishing a person twice for the same offence, also applied across member states through EU instruments and fundamental rights.