The court rejected the appeal against the decision of RISV for the stone wool plant in Varbovka

The administrative court in V. Tarnovo left without consideration the appeal against the decision of RIOSW, which allows a double increase in the scale of the future stone wool plant in the village of Varbovka without carrying out an environmental assessment. The complaint is from the former regional governor Lyudmila Ilieva, who in her last days in office demanded that the decision of the ecoinspection be declared null and void. Her request is dated August 4 of this year and concerns a decision of the previous management of RISV from April last year. In it, the eco-inspection states that an ecological assessment is not required, as the changed development plan will not lead to a significant harmful impact on the environment and human health.
In the complaint of the former regional governor, it is stated that the investment intention concerns land properties that are owned by the state, public organizations and private. And for state-owned properties, there is no data on the consent of the relevant state authorities to change their purpose. The General Development Plan of Pavlikeni, which does not envisage such constructions, has also not been changed, the applicant points out.
In the ruling of the Administrative Court, it is stated that the disputing regional governor does not claim to defend state property and direct personal (state) material interest in the specific case. And it has become clear from his legal representative that he refers to the powers of the regional governor to protect the national interest and the constitutional right of citizens to live in a healthy and ecological environment, considering that he is exercising these powers through the filed complaint. However, the court points out that the protection of the national interest is implemented through the implementation of state policy on the ground, in the district, by the district governor, i.e. through the exercise of its administrative powers as a local executive authority. And protection of the constitutional rights of citizens can be carried out not only by the latter personally, but also by the so-called general supervision of legality – by the prosecutor’s office, but not by other organizations and administrations. It is also specified that, in his capacity as an administrative body, the regional governor does not have the right to dispute administrative acts issued by other administrative bodies, such as the director of RIOSV – V. Tarnovo.
“In view of this, the decision with which a move was made on the merits should be canceled and the appeal in the present case should be left without consideration”, the court’s decision states. The decision can be appealed to YOU.
Vesela BAICHEVA