THREE weeks into the new smoking restrictions, introduced by a Government ordinance on January 1, 2005, lawyers have launched court action against the regulations.
The first one, by Sofia lawyer Nikolai Leontiev, will be heard in court on March 10.
The other complaint, by the Plovdiv Association for European Integration and Human Rights, does not yet have a court date.
In his complaint, Leontiev argued that the rule regulating that more than half the seats in a cafe or restaurant must be for non-smokers, has a negative effect on the market of these services. According to him, the non-smokers seats will be seldom occupied, while the smokers zones will always be full because in mixed parties, non-smokers will sit with smokers.
According to Leontiev, the regulation obstructs the self-regulation of the market and violates the Limitation of Administrative Regulation and Control Act.
The Plovdiv association is attacking the section of the ordinance absolutely forbidding smoking in kindergartens, schools, higher education institutions, cinemas, theatres, concert halls, galleries, public transport, metro stations and airplanes. The association argues that this section is illegal.
According to the association’s lawyers, the Health Act on which the ordinance is based, does not strictly and totally forbid smoking in such places, but only limits it to certain areas.
The association argues that by strictly forbidding smoking in such places, the ordinance discriminates against smokers who work there and places them in a disadvantaged position compared to smokers with other professions.
Meanwhile, some state institutions have totally forbidden smoking on their premises.
On January 19, Bulgarian-language daily Standart reported that some MPs were proposing that motorists who smoke while driving should be fined 50 leva.
According to Standart, they want their proposal to be included during the second reading stage of the Road Traffic Act, due to be debated in the next few weeks.
The MPs said that smoking was a distraction for motorists, like speaking on a mobile phone without using a hands-free device.
The first one, by Sofia lawyer Nikolai Leontiev, will be heard in court on March 10.
The other complaint, by the Plovdiv Association for European Integration and Human Rights, does not yet have a court date.
In his complaint, Leontiev argued that the rule regulating that more than half the seats in a cafe or restaurant must be for non-smokers, has a negative effect on the market of these services. According to him, the non-smokers seats will be seldom occupied, while the smokers zones will always be full because in mixed parties, non-smokers will sit with smokers.
According to Leontiev, the regulation obstructs the self-regulation of the market and violates the Limitation of Administrative Regulation and Control Act.
The Plovdiv association is attacking the section of the ordinance absolutely forbidding smoking in kindergartens, schools, higher education institutions, cinemas, theatres, concert halls, galleries, public transport, metro stations and airplanes. The association argues that this section is illegal.
According to the association’s lawyers, the Health Act on which the ordinance is based, does not strictly and totally forbid smoking in such places, but only limits it to certain areas.
The association argues that by strictly forbidding smoking in such places, the ordinance discriminates against smokers who work there and places them in a disadvantaged position compared to smokers with other professions.
Meanwhile, some state institutions have totally forbidden smoking on their premises.
On January 19, Bulgarian-language daily Standart reported that some MPs were proposing that motorists who smoke while driving should be fined 50 leva.
According to Standart, they want their proposal to be included during the second reading stage of the Road Traffic Act, due to be debated in the next few weeks.
The MPs said that smoking was a distraction for motorists, like speaking on a mobile phone without using a hands-free device.
