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Key facts of the case: 

Mr N.N., a candidate for the post of prosecutor, appealed the decision of the SJC for appointing Ms N.O. as prosecutor in the District Prosecutor’s Office (DPO) (Окръжна прокуратура, ОП) in the town of S. and requested the suspension of the decision. A lower panel of the SAC found the appeal inadmissible since Mr N. had no legal interest to challenge the decision. In its further appeal, Mr N. discussed, among others, whether the lower court violated his right to fair and public hearing by holding a closed session on admissibility. The proceedings took place under the Administrative Procedure Code (Административнопроцесуален кодекс).

Outcome of the case:

The ruling of the lower ВАС panel and its view that the appellant had no legal interest in the appeal were upheld. He had not been admitted to the competition, therefore the appointment of Ms O. did not reflect on his legal sphere. In addition, his right to fair and public hearing was not violated by the lower court’s closed session. The right could only exist in case the appeal was admissible – which it was not.