Prof. Dr. Emil Konstantinov

The Systems transformations in the Central and Eastern Europe countries have caused the emergence of numerous new phenomena and processes which public administration in these countries has had to face. The new issues include the restructuring of the national economy, privatisation, the creation of free markets for goods and capital, unemployment, redesigning of the social policy, increasing the importance of the local self-governance. All of these changes in Bulgaria have required a response by a well-organised and efficient public administration equipped by new democratic structures and highly qualified public administration employees.

On the administrative reform side, radical changes to the structure of public administration have resulted primary from the adoption of the new Constitution of Republic of Bulgaria in 1991.

Administrative reform in Bulgaria is expressed mainly through changes in the structure of the central administration and through a decentralisation policy. The changes in the structure of the central administration aim to make the administration correspondent to the democratisation processes and the requirements of the transition to a market economy. The most important laws newly adopted in these fields are Administration Law, Civil Service Law, Law on Public Procurement, tax laws. The new structures in the local government administration are established by the Local Self-government and Local Administration Law, Regional Development Law and others.

2.1.1 Head of Government

The Prime Minister heads, co-ordinates and bears responsibility for the overall policy of the government. He is elected by the Parliament for a term equal to that of the Parliament mandate. He is the only member of the Government elected directly by members of the Parliament. The Prime Minister is the supreme authority in the government. He is assisted by deputy prime ministers.

The Prime Minister presides over meetings of the Council of Ministers. The Council of Ministers consists of the Prime Minister, deputy prime ministers and ministers. Members of the Council of Ministers are elected and dismissed by the Parliament on a motion from the Prime Minister. The Prime Minister may initiate changes in the government. The Parliament may create, transform and close down ministries on the Prime Minister’s motion. The Prime Minister appoints and dismisses the deputy ministers and deputy chiefs of the other governmental bodies.

The Office of the Prime Minister consists of the Cabinet of the Prime Minister. The Cabinet has primarily representative and management functions. Its structure is comprised of the Head of the Cabinet, advisers and secretaries to the Cabinet. The Head of the Cabinet and advisers are political figures with established professional capacities. They have mainly consulting and organising functions.

3. Secretary-General

From an administrative point of view, the most important figure in the Council of Ministers is the Secretary-General. He is responsible for all activities including preparing the agenda and organising the sessions of the Council.

4. Central Policy-Making / Co-ordinating Bodies

The Council of Ministers is the central executive body in Bulgaria. Each member of the Council of Ministers heads a ministry, except as otherwise resolved by the Parliament. After the elections of December 1994, a new government was formed with four vice-prime ministers, one of whom is a minister without portfolio.

Any Bulgarian citizen qualified for election to the Parliament is eligible for election to the Council of Ministers. The Council of Ministers implements the state’s domestic and foreign policy. It ensures public order and national security and exercises overall guidance of the state administration and the armed forces.

The Council of Ministers manages the state budget and organises the state’s assets. It is also authorised to conclude, confirm and denounce international treaties as specified by law.

The main activity of the Council of Ministers is to implement laws. The Council of Ministers adopts decrees, ordinances and resolutions and promulgates riles and regulations by decree. It is authorised to rescind any illegitimate or improper act issued by a minister. The Council of Ministers exercises prerogatives concerning state property. It also directs and co-ordinates the work of the ministers and the other organs in its structure.

The Council of Ministers has usually one session per week. Sessions are held when more than half of the members are present. Sessions are organised by the Secretary-General of the Council of Ministers, assisted by the General Chancellery staff. Items for the agenda may be proposed by the ministers and the Secretary General. After being approved by the Prime Minister it is distributed to every institution concerned. The agenda is submitted to the participants at least two days before the meeting. Minutes of the sessions are prepared the next day by a meeting of advisers chaired by the Secretary-General of the Council of Ministers.

Sessions of the Council of Ministers are also attended by the Secretary-General, the head of the Cabinet of the Prime Minister, the head of the General Chancellery and the heads of the departments of the Council of Ministers, advisers, representatives of the concerned bodies and the government Spokesman or designee.

Disputes concerning the activities of the Council are resolved by the Prime Minister.

5. Consultative / Advisory Bodies

Written rules on the organisation, activities and structure of the Council of Ministers and of its related departments have been established. Most of these consultative bodies are set up only when necessary.

Traditionally these departments consist of a head of department and advisers. Advisers prepare opinions for one or more items on the agenda of the Council of Ministers.

6. Central Management Bodies

The state budget consists of a central administration budget, a budget for special funds, a budget for local governments, and a state social security budget. The budgetary year begins on 1 January. The Ministry of Finance drafts the budget and presents it to the government. In order to become law the budget must be approved by the Parliament. The Ministry of Finance implements the budget and controls differences between budgetary allowances and the real expenditure. The Ministry of Finance also manages the state deficit and makes proposals for spending budget reserves. The tax administration and financial control bodies act as departments to the Ministry of Finance.

Line ministries in Bulgaria are responsible for implementing the government’s domestic policy in the field. The minister is the key figure with authority to issue rules, regulations, instructions and orders.

Within the framework of the administrative reform, a ministry’s functions and structures are regulated by decree of the Council of Ministers.

Traditionally, ministers are assisted by deputies, general secretaries and heads of the Cabinet.

The relations in a ministry are defined by inner decisions and others issued by the minister, the deputy minister or their ad hoc designee. Decisions and orders issued by the minister are final.

The 17 existing ministries include:

• Foreign Affairs;
• Interior;
• Health Care;
• Culture;
• Environment;
• Defence;
• Justice;
• Industry;
• Construction and Territorial Development;
• Transport;
• Labour and Social Welfare;
• Commerce;
• Finance;
• Agriculture and Food Industry;
• Trade and Foreign Economic Cooperation; and
• Education, Science and Technologies.

8. Other Bodies

The structure of the central state administration comprises some other ad hoc bodies created in response to the transformation process. These bodies are usually committees, commissions, agencies or departments. They are lower in rank to the ministries and report directly to the Council of Ministers. They may be constituted either by the Parliament or by the Council of Ministers. Their chiefs, appointed and dismissed by the Council of Ministers, are not members of the Council. Their deputy chiefs are appointed and dismissed by the Prime Minister.

The Bulgarian National Bank is the central bank of Bulgaria. The bank’s principal activity is to promote internal and external stability of national currency and to establish and realise national monetary and credit policy. The Bulgarian National Bank regulates and controls the activities of all other banks. The Board of the Bank consists of Governor, three deputy governors and five heads of departments. The Governor and the deputy governors are elected by the Parliament and the five heads of departments are appointed by the President on a motion from the Governor.

The National Statistics Institute is an independent public body exercising statistical public activity and providing statistical information. It is governed by a president and two deputy presidents, all elected and dismissed by the Parliament. The National Statistics Institute exercises its activity according to the directives and regulations of statistical and other international institutions. All legal and physical entities are obliged to provide information necessary for its plans and programmes. This information can be used only for statistical purposes. Use of the information for other purposes is prohibited and carries administrative and penal responsibility.

9. Central Representation at Local Levels

After the events of 1989, a legislative effort was made to decrease central representation at local levels. This was done by the Local Self-government and Local Administration Act (September 1991). Two levels of central administration - district and regional - were established according to the administrative territorial division of the country.

Local representatives were given authority over one central budget and control over the legal acts of the local authority. By law, central representation should not be a line structure and should specialise in functions according to the character of the territorial division.

2. Territorial Public Organisation / Regional Government

Regional Governments in Bulgaria changed significantly under the Local Self-government and Local Administration Law (1991).

A region is defined by the Constitution as an administrative territorial unit responsible for implementing a regional policy, exercising state administration at a local level and assuring harmony of national and local interests.

Regions are governed by a Regional Governor, appointed by the Council of Ministers and assisted by a regional administration. The Regional Governor assures the implementation of state policy and is responsible for protecting national interests, legality and public order. His strongest prerogative is to exercise administrative control over the acts of the municipal authority.

3. Supreme Audit Institution

The State Audit Office is an independent agency. Its activities include supervising the budget and the state finances and payments. Its authority, structure and organisation is set up by law.

4. Ombudsman

The institution of ombudsman - an independent agency appointed to supervise the state administration - has not been established. Under present circumstances the system of state administration is under administrative and judicial control.

5. Trade Unions

The Constitution provides for the creation and operation of unions which are independent of the state. The Constitution prohibits unions whose purposes are in conflict with the people’s sovereignty, territorial integrity and unity of the nation. It also prohibits unions which propagate racism; national, ethnic or religious hostility; infringe on human rights and freedoms; establish secret of military structures; or employ illegal activity to achieve their goals.

Employees, workers and employers have the right to establish trade unions. Trade unions may not have political purposes and may not exercise political activity. The right to strike is guaranteed, but it is denied to employees of the ministries of the Interior and Defence, and to judges, public prosecutors and investigating magistrates. A strike may not be called for political purposes.

6. Delivery System

The Bulgarian public service delivery system is in the process of transformation. There is new legislation, but the most important laws have not yet been voted on.

1. Education

The basic principals of the Bulgarian educational system are included in the National Education Law, Higher Education Law and High Schools Academic Autonomy Law.

The educational system comprises pre-school facilities; primary schools; secondary schools (grammar schools, vocational schools, technical schools); and high schools (universities and educational-research institutions).

Education is compulsory beginning at age six or seven (parent’s choice) until age 16. Schools and pre-school facilities are either state, municipal or private institutions. The state and municipal primary and secondary schools are created by the Minister of Education, Science and Technologies. This minister also authorises creation of private schools. High schools are created by the Parliament and are autonomous. The influence of public authority on their activities is restricted and determined by the law.

2. Health

The Constitution provides for health care that is accessible and free of charge to all Bulgarian citizens under conditions determined by law. The National Health Care Law regulates creation of state, municipal and private health institutions. The Ministry of Health Care supervises all activities of health preservation and treatment. The Minister of Health Care authorises the creation of private health institutions under certain conditions.

3. Social Welfare

The Bulgarian Social Welfare System includes health insurance, social insurance, pension insurance, social assistance and unemployment benefits. The Constitution guarantees to all Bulgarian citizens the right to social insurance and social assistance. The Constitution provides for strengthened state and social protection of the elderly and the mentally ill.

The central authorities which supervise the system of social welfare are the Ministry of Labour and Social Care and the State Social Security Office. For the moment most social welfare laws are issued by the Council of Ministers. But there will be new legislation in conformity with the pursued reform.

3. Local Administration structures: levels and bodies

1. There are two levels of local/territorial government in Bulgaria: municipalities and regions.

As to the creation, transformation or dissolution of municipalities, including any change of boundaries, the Constitution provides, as a matter of principal, that these shall be subject to public consultation. This constitutional provision is a strong expression of direct democracy at the local level. The relevant terms and procedure are provided in great detail, including the review of legality by the Regional Governor. There are 262 municipalities in Bulgaria (as of 1996).

The Administrative Division Act of the Republic of Bulgaria envisages the creation of constituent administrative and territorial units: districts and mayoralties. Mayoralties may be set up in the territory of a municipality by decision of the municipal council.

The region is the basic unit where state government is exercised at a local level. It is an administrative and territorial unit entrusted with the conduct of regional policy and with ensuring harmony between national and local interests. A region consists of one or more neighboring municipalities and its territory is the territory of its constituent municipalities. It bears the name of the city where it has its administrative headquarters. The state has its authorities at this level - regional council and regional governor - through which it ensures the harmony between national and local interests.

Regional boundaries may be changed only in accordance with boundaries of the existing municipalities. Such a change is approved by Presidential Decree at a proposal of the Council of Ministers within the President’s constitutional powers. The procedure does not envisage a referendum because a region is not a tier of local self-government. Authorities and offices of the executive power instead of elected local self-government bodies are created at a regional level. There are 28 regions in the Republic of Bulgaria (as of 1998).

The public administration is central and territorial one. The central state administration are the Council of Ministers, the Prime Minister, the deputy prime ministers, the ministers. The territorial public administration is headed by the regional governors and the mayors of the municipalities.

The municipal authorities of local self-government are the municipal council and the mayor of the municipality. Municipalities which are divided into districts elect district councils and mayors of districts and municipalities where mayoralties are established elect mayors of mayoralties as well.

The functions of the state in the exercise of state power are performed by the National Assembly, the Council of Ministers, the ministers, the municipal councils, the regional governors and the regional administrations, the mayors and the municipal executive bodies, etc. Functions in respect of local self-government at a national level are performed by:

1. the Standing Committee of Local Self-Government, Regional Policy and Public Works of the National Assembly which gives opinions on each draft law pertaining to local self-government.
2. the administration of the Council of Ministers which includes a Department of Local Self-Government and Administration. Through this department, the activities of the regional governors and the regional bodies of central departments the Government gets feedback on local administration and local self-government;
3. the Minister of Regional Development and Public Works and his ministry;
4. the Minister of State Administration.

The authority of local self-government is the municipal council which is elected by the people of the municipality under the terms and conditions laid down in the LSGLA. The municipal council sets the municipality’s policy, tackles issues of local significance and performs the functions delegated to it by the central state authorities.

A mayor is an authority of the municipality’s executive power and in the performance of his duties he is guided by the law, acts issued by the municipal council and decisions taken by the people.

3.2 Relationships between local governments and the territorial public administration. Middle-tier governments and administration: Decentralisation of executive power is embodied by the regional governors. A regional governor is called upon to achieve effective regional policies by means of:

1. pursuit of government policies in the region, responsibility for carrying out of administrative and territorial reform, coordination of the activities of state bodies in the territory of the region and their interaction with the local authorities;
2. responsibility for ensuring harmony between national and local interests, organisation of drafting and implementing of regional strategies and regional development programmes, interaction with the local governments and local administration;
3. responsibility for preservation and protection of state property in the territory of the region;
4. guarantee of law and order in the territory of the region, administrative control, control over the implementation of acts issued by the President of the Republic and the Council of Ministers;
5. control over the legality of acts and actions of local governments and local administration;
6. control over the legality of acts and actions of state bodies, departments, organisations and enterprises in the territory of the region;
7. organisation of defense and mobilisation preparedness of the population, management of its protection in the event of natural calamities and accidents, responsibility for keeping public order.

In the execution of his powers a regional governor issues orders, has the right to suspend unlawful acts of the municipal councils, to revoke unlawful acts of mayors of municipalities and acts of state bodies, departments, organisations and enterprises in the territory of the municipality.

3. Organisation of middle-tier administration: Regions have an administrative purpose and therefore no elected local self-government bodies are set up there. Bodies and offices of the central executive power may be established in the regional center.

The regions are governed by regional governors assisted by regional administration. Regional governors are appointed by the Council of Ministers for the purpose of implementing the state policy in the regions. They are responsible for safeguarding national interests, law and order and for carrying out administrative supervision. Regional governors are civil servants. In the performance of their duties they are assisted by deputy governors appointed by the Prime Minister. The regional governors issue orders which may be challenged in court. In the city of Sofia, the functions of a regional governor are performed by the Mayor of Sofia.

The regional administrations, as legal entities funded from the state budget, assist the regional governors in the exercise of their powers. Their activities, structure, organisation of work and composition are defined in the Rules of Procedure adopted by the Council of Ministers. Regional governors submit to the Council of Ministers annual reports about the activities of regional administrations.

3. 4 Status of the city (municipalities with larger capacities). The capital: Districts are created in the capital and in cities with a population exceeding 300 000 people. By decision of the municipal council districts may be created also in towns with a population of more than 100 000 people.

The City of Sofia is a specific administrative and territorial unit where the self-government of its people is combined with the implementation of the state policy for the development of the capital city. Its division and structure are determined by law. The City of Sofia consists of 24 district administrative structures. It has the status of a region.

5. Major legal reforms in progress - problems of regionalisation: The structure of the administration , the main principles of its organisation and activities, the job titles and the basic recruitment criteria are provided for in the Law on Administration, which was passed in November 1998. The law lays down the powers of the executive bodies, the structure and organisation of work of their administration, and provides for additional and regulated powers of the regional governors and the mayors of municipalities as executive bodies. The Law of Amendments to the Administrative Division Act of the Republic of Bulgaria stipulated the creation of 28 regions by the end of 1998, instead of the previous 9 regions.
1. Territorial self-governments below municipal level: The municipalities are territorial self-governments. Citizens have the right to participate directly or through municipal authorities elected by them in the implementation of local tasks of public benefit. The municipal council and the mayor are such local self-governments at the municipal level.

The constituent administrative and territorial units of municipality , which constitute part of its territory, are the districts and the mayoralties. A mayoralty may be set up in the territory of a municipality by decision of the municipal council. It consists of one or more neighboring settlements. The mayors of mayoralties (mayors of settlements) are elected directly by the people. The municipal council decides the mayors of which settlements should be elected.

The mayors of individual settlements in the municipality perform functions which are set out in the Rules of Procedure of the Municipal Council and depend on the specific structure of the bodies of the municipal council, whose functions may be presented as follows:

1. to implement that part of the municipal budget which concerns the respective settlement;
2. to provide administrative and other services to the population;
3. to ensure public order;
4. to organise public works and the management of municipal property;

to maintain public hygiene.

7. Distribution of power between different levels of government: The Council of Ministers heads and implements the country’s domestic and foreign policy in conformity with the Constitution and the laws. The institution ensures public order and the national security and provides overall guidance over the state administration and the armed forces. As an executive body it consists of a Prime Minister, deputy prime ministers and ministers.

The ministers head individual ministries.

The Council of Ministers adopts ordinances, rules, regulations, orders and decisions in accordance with the laws. The ministers issue rules, regulations, instructions and orders. In fulfilling the will and the interests of the nation they must be guided by the laws of the country.

Distribution of powers between the system of local governments and territorial public administration: The authority of local self-government in the municipalities is the municipal council. It is made up of councilors elected directly by the people of the municipality. The size of the municipal council depends on the number of the population of the municipality. The municipal council is a body of general competence. It defines the policy for building up and developing the municipality and for performing public services and activities of public local interest as stipulated by law.

The municipal council lays down the policy of the municipality for its building up and development and tackles local issues in the field of economy,environmental protection, health care, social welfare, education, culture, public utilities, regional and urban development, municipal property, traffic safety and public order. It also addresses issues of local importance which are not the exclusive prerogative of other authorities. It performs functions delegated to it by the central executive bodies in conformity with the law.

For performance of its wide range of functions the municipal council enjoys the following powers:

1. to set up standing and ad hoc committees and to elect their members;
2. to determine the structure of the municipal administration and allocate the funds for stuff salaries from the municipal budget;
3. to elect and dismiss the chairman of the municipal council;
4. to elect and dismiss the deputy mayors at the proposal of the mayor of the municipality;
5. to determine the remuneration of mayors in line with the existing legislation;
6. to adopt the annual budget of the municipality, to exercise control over it and to approve the report for its implementation, including expenditure made from the extra-budgetary accounts.

The municipal council adopts Rules of its Organisation and Procedure which govern the functioning of the council and its committees, the functioning of the district councils, the municipal administration, the association of the municipality and all issues stipulated in the law.

In the framework of its powers the municipal council adopts/issues rules, regulations and instructions, takes decisions on local issues. Acts issued by the municipal council are subject to administrative and direct judicial supervision.

The mayor of municipality is an authority of general competence and acts as a body of self-government in the municipality, as its executive power and sa an administrative body whose acts and actions are subject to supervision by the state administration in the person of the regional governor. Within his prerogatives the mayor of municipality issues orders. The Law on Local Self-Government and Local Administration spells out the powers of the mayor of a district and the mayor of a mayoralty.

In cases specified by the law, the mayor of a municipality performs functions delegated to him by the central state authorities. This prerogative includes also his responsibility for the execution of all municipal council decisions. The relations between the mayor of a municipality and the municipal council resemble those between the parliament and the government at a national level: the municipal council can repeal acts of the mayor issued in violation of decisions, adopted by the council in the performance of the public duties assigned to it by law. On the other hand, the mayor of a municipality can challenge a decision of the municipal council if he deems that it breaches the laws or run counter to the interests of the municipality. The challenge should be made in writing within the time-limit and it has a deferring effect. If the municipal council considers the issue for a second time and confirms its decision, the mayor is obliged to execute it or to refer it to the court if it contradicts the law. In the process of considering the issue for s second time, the decisions are taken by majority by more than half of the total number of councilors.

The regional governor has the right to suspend unlawful acts of the municipal councils, to repeal unlawful acts of the mayors of municipalities. Unlawful acts of the municipal and the regional administration may be challenged in court. The state is liable for damages caused by unlawful acts and actions of administrative bodies and officials.

Other decentralised bodies and their functions, quasi-governmental organisationen: a municipal council elects from among its members standing and ad hoc committees which may include also other experts. The task of these committees is:

1. to study the needs of the people in the respective region and to propose ways to solve problems;
2. to assist the municipal council in drafting decisions on issues submitted for decision and resolution;
3. to monitor the execution of decisions taken by the municipal council.

The land commissions are state authorities on land ownership at the municipal council and are appointed by the Minister of Agriculture. They are collegial bodies and have decision-making powers in respect of land restitution.

3.8 Internal structure of local government decision-making - representative body, committees; leaders (elected, other political leaders, chief administrative officer); office as a whole.

The Municipal Council is the actual self-government body of the local administration. In terms of structure and functioning the Municipal Council is a symbol of the decision-making power of the local self-government entity. By composition and decision-making style, the Municipal Council is a collective.

9. Local administration and service provision

1. Administrative organisation: The municipal administration consists of divisions, directorates, etc. its responsibilities cover drafting of acts subject to approval by the municipal council or the mayor; expert and other support to local authorities; issuing of individual administrative acts; studying and analyzing of the situation in specific areas of social life at the initiative and proposal of the voters addressed to the council or the mayor. The administration performs also activities assigned to it by the council and provides technical and administrative support.

Division of the office: The municipal and regional administrations constitute local governments. Their rules of organisation and procedure envisage offices and persons reporting tp the mayor and the deputy-mayor, notably: a) a mayor and deputy-mayors; b) a secretary; c) a chief architect; d) a technical department; e) directorates; f) servicing departments; g) offices.

The structure of the municipal administration is based on functional areas: property and finance; investments; public works and infrastructure; transport; regional development, housing policy and construction; health care and social welfare; environmental protection, natural resources and agrarian reform; public order, public protection and administrative services. Each area is covered by a directorate which reports directly to the mayor or the deputy mayor.

The low levels of administration are specialised bodies at the municipal councils and constitute an important part of the local administration structure. They are organised in offices, departments, divisions, bureaus, etc. and are headed by bodies of special competence. The specialised bodies perform activities directly defined in the law in the areas of health care, economy, culture, education, social affairs, taxation, etc.

The regional administration has similar divisions, the most important of which are: property, finance; investments, public works, transport; environmental protection, public order, public protection, maintenance of mobilisation preparedness, etc.

2. Status of personnel (civil servants and other employees). The activities in the administration are carried out by civil servants and employees. The personnel of the administrative structure at a local level belong to the municipal, regional, district and mayor’s administration. The personnel of the municipal administration have a civil servant status. The personnel of the regional administration generally consists of appointed personnel which work in an organisation, belong to a job category approved by the Council of Ministers and are appointed by the regional governor.

The categories of personnel in the municipal administration are divided into:

• elected officers - mayors, deputy mayors, municipal councilors;
• appointed staff - secretary, heads of department, technical staff, etc

The mayor of a municipality is in charge of its executive activities. He appoints and dismisses senior and junior personnel of the executive arm of the municipal council and takes disciplinary action in the cases envisaged by law.

The mayors fix the individual salaries of each employee within the funds allocated by the municipal council and in conformity with the salary rates set by the Council of Ministers.

The Civil Service Act which contains detailed provisions on the status and conditions of work of all civil servants is going to be adopted soon.

Local administration as of 1996 amounted to 20 000 people, 48% of which represent the delegated local administration of the districts and the Mayoralties.

Some positions related to the categories of municipal personnel have not been established yet due to the absence of a Civil Service Act. A classification of local government offices has been adopted by an ordinance of the Council of Ministers in accordance with the size of municipalities, the number of mayoralties and districts and the special status of the City of Sofia. The practice of personnel recruitment varies from municipality to municipality. Competitions are held for offices requiring highly skilled personnel. The procedure is laid down in the Labour Code which sets also the criteria for specific jobs in the administration.

Every municipal or regional administration has a specialised structural unit staffed with experts in human resource management. These people understand the specifics underlying the management of this resource for the administration. Their job involves contacts with the senior officials, collection. Processing, storing and transmission of information on issues related to the efficient personnel management by monitoring the ways and methods of this management. Within the administrative structure of the municipality (mayoralty, district, region respectively) this unit develops also personnel training programmes designed to achieve full realisation of their potential. The organisation of work in these administrative structures takes advantage of the division of labour by activity.

3. Institutions and companies run or directly controlled by local governments: The right of municipalities to own property is provided for in the Constitution. The regime of municipal property is set out in the Law on the Municipal Ownership. The law lays down the terms and conditions of running, managing and disposing of movable and immovable municipal property, defines the property which constitutes public and private ownership of the municipality and sets special arrangements for the two types of property in terms of the ability to run, manage and dispose of them, specifies the competencies of municipal authorities - the municipal council, the district council, the mayors of municipalities, districts and mayoralties. Many of the legal provisions are rendered in greater detail in the Implementation Rules to the Law adopted by the Council of Ministers.

Different rules are applied in respect of the management of different types of immovable property, which is grouped as follows:

• immovable property for housing needs
• immovable property which may be given or leased to third persons for the purpose of entrepreneurial activities of any kind (industrial, commercial or agricultural)
• cultural infrastructure (theaters, libraries, museums, schools, etc)

In addition to the existing national legal framework which regulates issues of municipal property, municipalities get instructions on specific issues from the Council of Ministers and the heads of the relevant ministries and departments. These instructions may concern the interpretation of the existing legal provisions or issues raised by the municipality. The specific conditions and the policy of the municipal councils on the management of property have to be reckoned with by the municipalities.

Public municipal property is not included in the civil turnover. It can not be sold, privatized, exchanged, donated, pooled in the capital of companies, mortgaged or encumbered with other substantive burdens. Specific right of use may be granted on a limited range of that property.

Public municipal property is used by the local governments and the administration for the performance of their functions. It is directly run and managed by the mayor of the municipality, the mayor of the district or the mayoralty respectively. The remaining public municipal property is handed over to the municipal council to be freely run and managed by the budgetary organisations and legal entities which use them in accordance with their intended purpose.

Municipal councils may grant concessions on the following public municipal property:

1. water springs, including mineral springs
2. water reservoirs and adjacent beaches
3. quarries for inert materials

Concessions can be granted for the following activities:

1. water supply and sewerage
2. district heating and gasification
3. exploiting of transport infrastructure networks and facilities and provision of transport services to the public
4. maintenance of streets, squares, parks and gardens, and landscaping
5. maintenance of public hygiene and treatment of household waste
6. commercial activities on public municipal property
7. maintenance of graveyards

Activities in respect of the executive power in a municipality are performed by the mayor. His administrative status enables him to manage and coordinate the activities of the local administration in the service of the electorate. In the fulfillment of his duties as head of the local government , the mayor is assisted by a secretary , who is called upon by the law to organise the activities of the local administration and to be responsible for the conditions of work of the personnel. Mayors have employer rights. Labour relations are regulated by the Labour Code.

4. Controlling, auditing and supervision of local governments: There is no specialised body at a national level which can exercise administrative control over the activities of local governments in the Republic of Bulgaria. The Constitution envisages a Supreme Administrative Court, which together with the district courts can supervise the legality of the actions of local and regional authorities. It oversees the legality and the strict and fair application of the laws in the administrative sphere and rules on disputes concerning the legality of actions undertaken by the Council of Ministers, the ministers and the other state bodies.

At present, the administrative control over the activities of local government is based on the Law on Local Self-Government and Local Administration, the Law on Administrative Procedure and the Law on the Supreme Administrative Court. The Law on Administrative Procedure governs the proceedings related to the issuing, challenging and implementing of individual administrative acts by the municipal executive bodies. They are not applied to acts of the President of the Republic and the Council of Ministers on planning of social and economic development or to bodies subordinated to the body which has issued the act. Administrative acts are challenged in accordance with the administrative procedure before the higher administrative authority,which takes a reasoned decision, whereby it repeals entirely or partly an unlawful or incorrect administrative act, or rejects a complaint or petition. The legality of administrative acts may be challenged in court as well.

Control over the legality of acts of the municipal administration is exercised by the regional governor. The court has the competence to rule on the legality of acts and actions of the municipal council.

Municipal councils may refer cases concerning disputes on the competencies of the central government to the Constitutional Court.

The rights of local governments can be defended in court. Local governments may lodge claims before the competent court against any action of the regional governor in order to cut short illegal activities of the municipal council.

The Supreme Administrative Court considers complaints and petitions against acts of the regional governors. Normative and general administrative acts of the municipal councils are challenged before the respective district court. The municipal councils and the mayors of municipalities may file complaints for revocation of acts which encroach on the municipality’s rights and legitimate interests.

Financial audits of local governments are carried out once in every three years. These audits are performed by auditing authorities under the Ministry of Finance. The purpose of the financial audits is to check the legality and authenticity of documents, to check the accounts, the legality of their collection, keeping and management, as well as property-related expenditure, etc. the local governments have the right to object before the auditing authorities which have carried out the audit or before a superior authority, as well as to file claims in court for reconsideration.

In addition to the administrative control, local governments are subjected also to public scrutiny. The people living in municipalities (districts, mayoralties) have the right of direct participation on matters of major importance to the municipality by means of local referenda, meetings, petitions and other forms. An unknown form of participation in the local self-government are the neighbors associations, which can be instrumental in achieving effective and timely solutions of day-to-day problems.

5. Local service delivery: Local public services mould the everyday environment of the people, determine to a large extent the quality of their lives and constitute an important dimension of local self-government. Their weight in the national economy is considerable both in terms of the volume of expenditure and resources and in terms of their functions.

Local governments are responsible for some specific local services and the municipalities adopt programmes for their development. Municipal administrations are assigned the management of the following public services:

1. municipal property, municipal enterprises, municipal finance, taxes, charges, municipal administration;
2. structure and development of the territory of municipalities and of their settlements;
3. education - pre-school, elementary, primary and secondary education;
4. health care - in- and out-patient services, prevention, medical and social care, sanitary and hygiene activities;
5. culture - cultural clubs, theaters, orchestras, libraries, museums and museum collections, amateur arts, rituals, local traditions and customs;
6. public works and utilities - water supply, sewerage, power supply, district heating, telephones, streets, squares, parks, gardens, street lights, landscaping, adjustment of rivers and ravines, treatment of household waste, municipal transport, municipal baths, laundromats, hotels, garages and graveyards;
7. social assistance - social care, social benefits, social housing and other social activities of municipal importance;
8. environmental protection and rational use of natural resources of municipal importance;
9. maintenance and preservation of cultural, historical and architectural monuments of municipal importance;
10. development of sports, leisure and tourism of municipal importance.

The municipal budget, programmes for territorial division, urban development plans approved by the state authorities and detailed plans of residential areas in the territory of the municipality, tax collection schemes, etc. are also adopted at the local level.

The municipalities have to organise the construction and maintenance of local road networks; the supply of potable water;the water supply and sewerage system; the cleaning and garbage-collection; the lighting; the maintenance of parks and greenery; the local transport; the maintenance og graveyards, etc.

The municipalities give names to municipal infrastructure facilities, give opinions on the opening of elementary, primary and secondary schools and specialized educational establishments, which is with the prerogatives of the Ministry of Education and Science. The municipal administrations launch initiatives and provide financial support in the sphere of culture, sports and pre-school care for children.

Through their representatives the municipal administrations participate in activities and decision-making on the preservation of their cultural heritage. They are also engaged in the creation of conditions for the development of crafts, tourism, hotel and restaurant business. As local self-government authorities, municipalities are responsible for civil protection, for setting up of municipal and administrative bodies, municipal inspections and public utilities.

User equality is ensured by adhering to the principle of non-discrimination; uninterrupted provision of basic public services is guaranteed within the framework of economic and budgetary coercion.

Due to the financial difficulties experienced by the local administration, the local communities cannot constantly improve the quality of their public services in response to the changing social needs, the requirements of sound economic management and the on-going technological changes. The organization of their activities cannot provide the voters with the necessary information to enable them to chose from among a greater number of services and providers of services.

The officers responsible for local public services seek to develop consumer rights and consumer protection within the framework of the existing legislation. The creation of clear and uniform rules, valid for all local public services and the use of an administrative and legal language comprehensible to all the consumers should be encouraged. The links between the local public services and the users of those services should be organized in a way that entails minimum difficulties and costs. The local communities should encourage the development of voluntary associations, patronage and initiative which can contribute to meeting the collective public needs.

4. Structural organization of public administration (in accordance with the Administration Law).

The Administration Law was adopted 1998, amended 1999. Its purpose is to regulate the structure of administration, the basic principals of administrative activities, public administration positions and the requirements for their occupation. This law is not very successful. A lot of problems have increased when and where it should be implemented because there are some discrepancies between this law and the other basic laws in the field like Administrative Procedure Act, Supreme Administrative Court Act, Local Self-Government and Local Administration Law.

Here are presented these regulations which are not in conflict with the other legislation and don’t provide substantial doubts in their implementation.

The executive authorities are central and territorial (the term “territorial” replaces “local”).

Central bodies of executive power are, as follows:

Council of Ministers;

Prime Minister;

Deputy Prime ministers;

Ministers.

Territorial bodies of executive power are, as follows:

- the regional governors

- the municipal mayors.

Bodies of executive power are as well as the following:

- presidents of the state agencies;

- state commissions;

- executive directors of the executive agencies;

- directors of other state institutions, which exercise functions relating with realization of the executive power.

This listing provided by the Administration Law lacks a lot of other public administration bodies such as the deputy mayors, deputy ministers, the secretaries of the municipality, the heads of the specialized municipal departments, the tax administration and many others, who are empowered with exercising executive functions and issuing administrative acts.

Further on the Administration Law is regulating the structure of the operative public administration (in the text it is referred as “administration”).

The administration is organised in directorates (“Directions”).

The Directorates which have regional units are called General Directorates.

Some departments with the General Directorates and the Directorates can be established.

Some sectors with the departments can also be established if necessary.

According to the distribution of activities, implemented while assisting the respective state power body, the administration is general and specialised. It shall:

1. assist and support the respective state power bodies while exercising their rights and powers;
2. support technically the activity of the respective state power body;
3. implement activities regarding the administrative service of citizen and legal persons.

The specialised administration includes the units which assist and support the implementation of the rights and powers of the respective state power body..

The names and the number of the units within the specialised administration are determined by the Codes of Regulations of the respective administration.

The general administration supports technically the activity of the respective state power body, of its specialised administration and of its activities regarding the administrative service of the citizens and the legal persons.

The general administration obligatory includes the following units:

1. Chancellery;
2. Financial and Economic Activities;
3. Legal and Regulatory Services;
4. Property management;
5. Human resources;
6. Defence and mobilisation training;
7. Information services and technologies;
8. Protocol;
9. Public Relations.

The administrative management of the state power bodies’ administrations is carried out by administrative secretaries, appointed by the respective state power body.

The Administrative Secretary carries out the administrative management in pursuance of the legal regulations of the state power body.

The Administrative Secretary manages, coordinates and controls the functioning of the respective administration for the precise realisation of the normative acts.

The Administrative Secretaries are appointed for a period of five years.

The administrative management of the units in the administration is carried out by General Directors for the General Directorates, by Directors for the Directorates, by Heads for the Departments and by Heads for the Sectors.

The servants in the administration are nominated by the state power body, the director of the respective administration or a deputy, authorised by him.

The organisation, the rules for an activity, the functions and the number of the staff of any administrative unit is established by Codes of Regulations.

5. Positions in Public Service

The activity of the administration is carried out by civil servants and persons who work under labour contracts.

The rules for nomination and the status of the civil servants are established by law.

The servants under labour contracts within the administration are nominated according to the Labour Code.

The civil servants and the persons who work under labour contracts can occupy positions, defined in the Unified Classifier for the positions within the administration.

The positions within the administration are:

1. management positions;
2. expert positions;
3. technical positions.

Any person on a managing position within the administration can not occupy it under a labour contract.

In order to occupy a certain position within the administration servants need to have a professional qualification, which obligatory shall include a minimal degree of education, as well as a general and official length of service.

The main requirements that a position within the administration should be occupied are established by law.

By the Codes of Regulations of the respective administration some additional requirements can also be established.

The degree of education and qualification is certified by legal documents.

The length of service can be general and official and is certified by legal documents.

The general length of service is determined according to the regulation as provided by the labour legislation.

Where the person does not meet the requirements for a general or official length of service, he/she can be appointed on this position only for a determined period of time.

If in the meantime the person in question acquires the necessary length of service, the occupation of the position follows the general regulations.