News

5 December 2022

Ombudsman Diana Kovacheva has sent a recommendation to Academician Lachezar Traykov, Chair of the Council of Rectors in Bulgaria, insisting on the necessary action to transition student dormitories from subjects on the free electricity market to the regulated market where the prices are set by the Energy and Water Regulatory Commission.

The reason for the opinion is the position statement submitted to the Ombudsman institution by the National Representation of University Student Councils insisting that student dormitories should transition from non-residential to residential customers of electricity, i.e. university students should not pay for industrial electricity.

Prov. Kovacheva notes that more than 50,000 university students live in such dormitories and many of them are unable to pay their electricity bills because the prices of electricity on the free market are not something they can afford.

“The payment for student dormitories per person has increased 3 times in comparison to 2020. There is a risk that thousands of students will leave their dormitories, respectively suspend their education,” Diana Kovacheva states.

She adds that, pursuant to Article 4 (1) (1) of the Ordinance on the Use of Student Dormitories and Canteens: “Student dormitories shall be residential buildings or separate parts thereof aimed at meeting temporarily the residential needs of university students, Ph.D. students and graduate students.”

The Ombudsman notes that the function of student dormitories is to meet residential needs, i.e. the electricity in such places is used by their inhabitants for residential rather than industrial needs.

“I would like to note that, pursuant to § 1 (33а) of the Additional Provisions of the Energy Act, a “non-residential customer” is a customer who purchases electricity for non-residential needs while the needs for which electricity is purchased in student dormitories are not such,” the Ombudsman points out.

Prof. Kovacheva adds that, in the case of electricity, the legislator differentiates between residential and non-residential customers based on the purposes for which the electricity is purchased.

“Whether they are individuals or legal entities is irrelevant and so is the type of a site. The case-law is in the same vein, e.g. Judgment No. 273/06.10.2014 in civil case No. 693/2014, Civil College, Civil Division IV, Supreme Court of Cassation,” the Public Advocate reasons.