Abstract

The Energy Charter Treaty ("ECT") forms part of the Bulgarian national law with direct effect and application on two levels - as an international treaty ratified by Bulgaria and as a legislative instrument that belongs to EU law. The Bulgarian courts tend to treat international treaties favourably and apply them as directly applicable law. One of the best examples of direct application is the Convention on Human Rights and Fundamental Freedoms ("ECHR"). The ECT itself was relied upon on various occasions before the Bulgarian courts and, although not directly applied, it was found to be ...