The Constitutional Court rejected the request to declare unconstitutional the rules by which Vice President Iliana Yotova determined the procedure for distributing quotas and leadership positions in the Central Election Commission.
The decision was made at a session on September 24 on constitutional case No. 14/2026, initiated at the request of 49 members of parliament from the 52nd National Assembly, with Judge Yanaki Stoilov as rapporteur.
The subject of the dispute were items 3.1., 3.2., 3.3. and Appendix No. 1 to item 3.2. of the Rules for conducting public consultations and the procedure for appointing the composition of the CEC, determined by Decree No. 170 of May 29, 2026 of the President of the Republic of Bulgaria.
The dispute - about the method of distributing seats
The dispute arises from the provision of Art. 46, para. 8 of the Electoral Code, which allows for two different methods of distributing seats in the CEC. The two options lead to a different final result in the distribution of quotas between the parliamentary parties and coalitions.
According to the Constitutional Court, the law is not detailed enough to determine whether the president is obliged to follow a specific mathematical algorithm, or has the right to choose between the permissible options, as long as the legal requirement that no party or coalition obtain a majority in the commission is met.
The Court accepts that with the adopted rules and the methodology applied to them the presidential institution has not introduced new rules beyond what is provided for in the Electoral Code, but has applied the existing legal framework.
There is no violation of constitutional principles
In its decision, the Constitutional Court accepts that the contested rules do not violate the principles of the rule of law, universal, equal and direct suffrage, as well as the principle of political pluralism.
All 12 constitutional judges participated in the session.
The decision was adopted with 11 votes “in favor”, with judge Sonya Yankulova signing the decision with a dissenting opinion.