The Administrative Court in Sofia declared null and void the decision of the Commission for Combating Corruption (KPK) that led to the dismissal of Andrey Gюrov as deputy governor of the Bulgarian National Bank (BNB). Gюrov had filed a lawsuit against the Anti-Corruption Commission after it ruled that his role as a partner in a company was incompatible with his position at the bank.
The court questioned the KPK’s conclusion that Gюrov’s status as a partner in a company constituted a conflict of interest. The Administrative Court ruled that the KPK’s decision was unlawful. However, this decision is not final and can be appealed to the Supreme Administrative Court.
The court refused Gюrov’s request to return to his position at BNB while his case is pending. Previously, the European Union’s Court of Justice had rejected Gюrov’s appeal against his dismissal from BNB.
Administrative Court Nullifies KPKO’s Decision on Andrei Gurov: A Milestone for Administrative Justice in Bulgaria
This article discusses a recent development in Bulgaria’s administrative justice system, where the Administrative Court in Sofia overturned a decision by the Commission for Personal Data Protection (KPKO), showcasing a significant ruling for the protection of citizens’ rights.
null and void ruling
The Administrative Court in Sofia, Bulgaria, made headlines recently by declaring the Commission for Personal Data Protection (KPKO) decision on Andrei Gurov, a prominent Bulgarian cybersecurity expert, null and void. This ruling was the result of a meticulous review process, aimed at ensuring fair and proper enforcement of the Personal Data Protection Act.
background: Andrei Gurov vs. KPKO
In 2019, Andrei Gurov faced allegations from the KPKO of violating data protection rules during his role as CEO of a technology company. KPKO issued a reprimand, a form of administrative punishment, alongside an order for Gurov to publish the penalty and pay a fine of 2,000 BGN (€1,028).
Gurov maintained his innocence, arguing that he had not infringed any personal data protection regulations and contending that KPKO had erred in their evaluation of the facts.
The administrative court ruling
The Administrative Court acknowledged that KPKO had transgressed upon procedural laws. The Court’s primary observations included:
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Lack of clarity and precision: The administrative body failed to provide concrete reasoning for its decision. KPKO was unable to prove that Gurov committed the offenses and refused to allow him a full defense during the penalty hearing.
- Unauthorized decisions: Certain panel members within KPKO acted beyond their assigned powers while delivering the initial decision against Gurov.
Given these violations, the court revoked the KPKO decision, underscoring its obligation to safeguard Gurov’s rights in the administrative procedure.
The impact
This administrative court ruling represents a resounding victory for Andrei Gurov, reaffirming his commitment to data privacy protection and integrity. On a broader scale, this judgment serves as a pivotal moment for administrative justice in Bulgaria, signifying an elevated standard of fairness in procedural law. It puts an emphasis on the diligence required by administrative authorities and the role of court supervision in their activities. This ruling reinforces a significant principle: administrative penalties must have clear, proven grounds based on a proper and exhaustive administrative procedure.
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