The contract between Bulgaria and "Botas" is legally null and void, as it was signed in violation of Art. 85 of the Constitution and without parliamentary ratification. It gives rise to financial obligations and affects national security, which is why it should be annulled, and the persons who participated in its signing should bear personal and property liability.
This is stated in an official position of Tsveta Kirilova.
She points out that in accordance with the Constitution, laws and the principle of the rule of law, the National Assembly has the legal and moral obligation to annul the contract with “Botas“, to seek responsibility from the participants in its signing and to ensure compensation for the damage caused to the state and taxpayers.
If guilt is established, the president is subject to a procedure under Art. 103 of the Constitution and to property liability, warns Tsveta Kirilova.
Art. 103. of our Basic Law states that the President and the Vice President are not liable for actions committed in the performance of their functions with the exception of treason and violation of the Constitution.
Paragraph (2) of Art. 103 provides that the indictment shall be filed upon a proposal of at least one-quarter of the members of the National Assembly and shall be supported by the National Assembly if more than two-thirds of the members of the National Assembly have voted in favor of it.
The Constitutional Court shall consider the indictment against the President or the Vice President within one month of the filing of the indictment. If it is established that the President or Vice President have committed treason or violated the Constitution, their powers shall be terminated.
Here is its analysis:
TO THE NATIONAL ASSEMBLY OF THE REPUBLIC OF BULGARIA
Regarding: The legality and nullity of the contract between Bulgaria and the Turkish state company „Botaş“, signed by the caretaker government in January 2023.
LEGAL ANALYTICAL OPINION
I. Introduction
This opinion examines the legality and constitutional validity of the contract signed on January 3, 2023 between the Bulgarian company „Bulgargaz“ EAD and the Turkish state company “Botaş“, under the caretaker government of Galab Donev, appointed by President Rumen Radev.
The agreement is for a 13-year period and regulates access to the Turkish gas transmission infrastructure and liquefied gas terminals. Due to its long-term, strategic and economic nature, as well as the impact on national energy security, the question arises whether it was signed in accordance with the Constitution of the Republic of Bulgaria and the Law on International Treaties.
II. Constitutional Framework
1. Article 85 of the Constitution
According to Art. 85, para. 1, item 1 and item 3, the National Assembly shall ratify international treaties that:
are of a political or military nature;
or provide for financial obligations for the state.
Only treaties that do not fall into these categories may be concluded without ratification.
2. Article 98, item 4
The President has the authority:
- “to conclude international treaties in the cases specified by law, upon a proposal from the Council of Ministers.“
Therefore, the President may not, independently or through an acting government, bring into force international treaties that give rise to financial or strategic obligations for the state without ratification by the Parliament.
3. Article 106
The Council of Ministers directs the domestic and foreign policy of the country. Only a regular government with parliamentary control has the right to undertake long-term international economic commitments.
III. Factual situation
The agreement with “Botas“ was signed on January 3, 2023.
It was signed by the Minister of Energy Rosen Hristov, in the presence of President Rumen Radev.
The term is 13 years, with Bulgaria paying a fixed annual fee for access to the Turkish infrastructure, regardless of the capacity actually used.
There is no clause for early termination without full payment.
The obligations exceed 1.4 billion leva, and the total value may reach 6 billion leva.
The agreement has not been ratified by the National Assembly, although it affects national security and public finances.
IV. Legal assessment
1. Exceeding the powers (ultra vires):
The caretaker government does not have a constitutional mandate to assume long-term international obligations of a strategic and financial nature, since it operates temporarily and without parliamentary control.
2. Violation of Art. 85 of the Constitution:
The treaty falls into the categories requiring mandatory ratification. The lack of such makes it unconstitutional and null and void.
3. Failure to comply with the International Treaties Act:
The law provides for explicit approval by the Council of Ministers and the National Assembly for treaties with international and financial obligations. These requirements have not been met.
4. Responsibility of the President:
Under Art. 103 of the Constitution, the President is liable for violation of the Constitution. If he has assisted in the signing of the treaty, the National Assembly has grounds to bring charges before the Constitutional Court (impeachment proceedings).
5. Responsibility of officials:
Under Art. 8 of the Law on the Prevention of Corruption, the state has the right to a recourse claim against the guilty officials, and if intent is proven — also criminal liability under Art. 282 of the Criminal Code („crime in office“).
V. Consequences and recommendations
1. The National Assembly should:
declare the contract null and void due to violation of the Constitution;
notify the Turkish side of the lack of legal force;
assign the Court of Auditors to a financial and legal audit.
2. The Ministry of Finance and the Ministry of Energy to prepare an estimate of the payments made and to indicate the persons who approved the contract.
3. The Prosecutor's Office and the KPKONPI to conduct an investigation into damages and conflict of interest.
VI. Conclusion
The contract between Bulgaria and “Botaş“ is legally null and void, as it was signed in violation of Art. 85 of the Constitution and without parliamentary ratification. It gives rise to financial obligations and affects national security, therefore it should be annulled, and the persons who participated in its signing should bear personal and property liability.
VII. Liability after the annulment of the contract
1. The contract is considered null and void from the moment of its signing (ex tunc).
2. All payments made constitute unlawfully spent funds.
3. The state has the right to bring recourse claims against:
the ministers of the caretaker government;
the Minister of Energy;
the President, in the event of a proven violation of the Constitution.
4. If guilt is established, the President is subject to a procedure under Art. 103 of the Constitution and to property liability.
5. The amounts paid should be reimbursed personally by the guilty parties, in proportion to their guilt and participation.
Conclusion:
In accordance with the Constitution, laws and the principle of the rule of law, the National Assembly has the legal and moral obligation to annul the contract with “Botas“, to hold the participants in its signing accountable and to ensure compensation for the damage caused to the state and taxpayers.
Sincerely,
Tsveta Kirilova
Public figure
Date: October 7, 2025
Sofia, Republic of Bulgaria