Ivo Hinov[1]
The Interpretative ruling 3/16 of the Bulgarian Supreme Court gives an answer to the discrepancy between the conclusions stemming from the Preliminary ruling from November 8th 2016 of the Court of Justice in the case C-544/14, Ognyanov, and the previous Interpretative ruling 3/13 of the Supreme Court, by partially reviewing the latter. Some of the consequences that arise from this review are the possibilities to uphold the national legal authenticity by virtue of a strict separation of the scope of competency between the European and Bulgarian legal frameworks or to reduce the effects of such separation by permitting communication and exchange of values between those legal frameworks. The choice would lead either to a specific legal dualism or to application of a principle which might be defined as the principle of the analogical European legal conformity. The essence of this principle would be the possibility for the national judge to apply the European legal approach into the national cases not involving European interests.
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Link to the article in Bulgarian language: Тълкувателно дело № 3/16 на НК на ВКС – последици и възможности
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[1] Judge at the Bulgarian Specialized Criminal Court