Mariya TosevDas Bauleitplanungsrecht in Bulgarien

About this book deutschenglish

This thesis is specifically concerned with the legal requirements for Bulgarian urban land-use plans and discusses their problems and deficits. German public construction law is used as a basis of comparison between Bulgarian and EU laws. While this study is motivated by scientific interest to contribute to an unexplored area of academic research, it bears an important relevance for some practical implications of the topic such as investments in Bulgaria.

The focus of the study is the public law on territorial development. It came into force in 2001, during the post-socialist phase of upheaval caused by the transition from centrally planned to market-oriented economy. Bulgaria became a member of the European Union in 2007. This milestone in the phase of European integration for the country had its legal aspects concerning synchronization with and adoption of established EU law. As follows from its decade-long tradition in promoting and enforcing the rule of law, democratic principles and EU integration, the German legal system can serve as a model and constitutes an influential benchmark for the newer Member States.

This work analyzes and uncovers certain weaknesses in Bulgarian public construction law. These include the objective planning criteria, the two-stage nature of the urban land-use plans and the complete lack of balancing requirements. A further critique of the provisions implementing the Strategic Environmental Assessment Directive, the Nature Conservation Directives, the Birds Directive and the Flora and Fauna Habitats Directive is also presented.

The comparative discourse of this thesis allows for an in-depth investigation of the underlying issues while discussing some practical suggestions and solutions to optimize the current legal status quo. In addition, this study aims to make a contribution to the legal integration of urban planning in the European Union.

Ihr Werk im Verlag Dr. Kovač

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