Cases concerning EU legislation
The legislation of EU (treaties, directives and regulations) is an integrant of the legislations of the 27 member states and it takes a key part of their legal systems.Firstly, this is due to its self-subsistence and specifics. Its exclusiveness evolves from its establishment as an independent legal system integrated in the legal systems of the member states and its priority over the national legislation. This means it has a direct impact and gives rights to the lawful subjects who can refer to the European Union`s Regulations over the Bulgarian legislation, if the national legal measures do not correspond to the regulation of EU (Case Costa v E.N.E.L., 1964).Secondly, more than 70% of the newly passed laws are actually based on the legislation of the European Union. Due to this fact, knowing the latter, is of a great importance. When the national legislation is at variance with the legal regulation of EU knowing of the European Union`s legislation is a priority and a guarantee of insuring an adequate legal defense of the rights and legal interests of physical persons and legal entities.There are several major problems affiliated with executing the EU legislation. For example the treaties and regulations have a direct impact that is not innate for the directives. The latter have to be implemented to the national legislation. Namely due to that implementation, substantial differences occur between the regulations of the given directive and the implemented national legal measure.Another problem is the poor application of the orders of the treaties and the regulations (for example, the case C-02/09 of Petar Kalinchev regarding the overpayment of excise duty of used vehicles imported from EU), which are applied directly in the national legislation.All of these situations emerge from the insufficient or no knowledge of the legislation of the European Union.Attorney Danail Kalinchev offers legal protection and cooperation of his clients who consider themselves victims of poor application of a given directive or a wrongful appliance of treaties and regulations of EU. The acquired specialty of European legislation in France and in-depth learning of the given cases, as well as the practical collaboration in one of the most important law cases after Bulgaria was accepted in EU, give a broad knowledge to attorney Kalinchev in the sphere of European Union legislation. The related matters are associated with the consumer orders, the competition policy, the free movement of goods, etc.