The Supreme Administrative Court ruled on parking disputes in Pomorie

In a comprehensive court decision, the Supreme Administrative Court of the Republic of Bulgaria thoroughly analyzed the contested texts of Regulation #23 on parking in the city of Pomorie, confirming its legality with certain partial corrections.

The judicial panel, chaired by Lyubomir Gaydov, reviewed the cassation appeal of the Pomorie Municipal Council and the prosecution's cassation protest, issued against a previous decision of the Administrative Court - Burgas from 03.12.2024.

The main challenge for the magistrates was to assess whether the introduced paid parking modes comply with legal requirements and do not violate citizens' rights. Experts thoroughly analyzed each controversial text of the regulation.

A key point in the decision is the interpretation of Art. 99 of the Road Traffic Act, which regulates the powers of municipalities to determine zones for paid and free parking. The court unequivocally confirmed that the Pomorie Municipal Council acted within its competence.

The magistrates rejected arguments of discrimination, emphasizing that the right to park is not absolute and can be regulated by local authorities in accordance with the specifics of the urban environment.

Particular attention was paid to the procedure for adopting the regulation. The court found that all necessary administrative requirements were met - public discussion, coordination with standing committees, and transparency in document preparation.

The decision notes that the introduced different parking modes - hourly, official, local, and preferential - aim to better organize urban space and do not violate existing legislation.

The cassation instance confirmed the first-instance decision regarding the cancellation of two sections of the regulation - on preferential parking and administrative-penal provisions, providing additional instructions for their refinement.

The representative of the Supreme Cassation Prosecution partially supported the first-instance court's position, recommending precision in texts related to official subscriptions and control mechanisms.

In the concluding part of the decision, the court emphasized that local authorities have the right to regulate parking according to local characteristics, but always within the law and respecting the interests of different citizen groups.

The decision can be appealed before a five-member panel of the Supreme Administrative Court within 14 days of its delivery.