The Confederation of Employers, Industrialists in Bulgaria /KRIB/ objects to the proposals in the draft of the Civil Code of Civil Procedure, referring to the local jurisdiction under Art. 113 et seq. of the Code of Civil Procedure.
Our considerations for this are as follows:
With the introduction of mandatory jurisdiction for claims of and against consumers under Art. 113 the petitioners aim "to ensure the easiest and cheapest possible access to justice for the economically weaker subject in the disputed legal relationship - the consumer". These motives cannot be shared. Citizens have equal rights of access to justice. Where the parties to the dispute are commercial companies, each of which can be identified as a consumer and as a defendant in different cases, considerations of "economic strength" are irrelevant. The disputed legal relationship will be decided by the court with the legal consequences thereof.
The introduction of the mandatory jurisdiction at the current address or registered office of the user will not make it easier for anyone. On the contrary, it can lead to chaos in the administration of justice, as well as to "selective" jurisdiction in view of preferences for one or another judicial district.
The motives of the petitioners contain considerations that the amendments in paragraph 2 of Art. 115 from last year did not give any practical result, which is why a new amendment to the provision is proposed.
There is a real danger, however, that the new provision will also remain without practical significance for the number of newly formed cases in the SGS, since the proposal to introduce mandatory jurisdiction in these cases is not justified by statistical data on the possible result - the unloading of the SGS and a more even workload of the courts in the country. No real account is taken of the consequences related to the quality of the administration of justice, nor of the other legal and technical actions in the claim proceedings.
We make the same considerations regarding this mandatory jurisdiction. It is by no means certain that cases will be expedited and any positive effect will be achieved with tort claims being litigated in courts across the country. Carrying out medical examinations with a view to the preparation of medical expertise may in all cases require the travel of injured persons to various medical facilities in various settlements.
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