There is a practice of the Constitutional Court, when a certain issue has been decided, not to allow a re-examination. There are quite a few such cases. But there are also those in which issues similar in content are allowed for re-examination by the Constitutional Court. This is how the constitutionalist Orlin Kolev commented on the topic of the referendum on the euro on the air of “Offensive with Lyubo Ognyanov” on NOVA NEWS.
“Direct and representative democracy are a manifestation of popular sovereignty. But direct democracy, expressed through a referendum, must comply with the constitutional framework”, he explained.
According to him, there are issues that can be the subject of a referendum, and those that cannot.
For Bulgaria's membership in the EU, one should take into account Art. 4 of the Constitution and Art. 9, para. 3 and para. 4 of the Act on the Direct Participation of Citizens in State Power and Local Self-Government, the expert said.
Kolev also commented on the possible options for an acting prime minister. According to him, if there is no final court act for Andrey Gyurov, which would say that he is not in a conflict of interest and can be part of the “house book, he cannot be part of this list.
The constitutionalist pointed out that the government in resignation will continue its work until it is replaced by another Council of Ministers – regular or official.
When asked how long Borislav Sarafov can perform the functions of Prosecutor General, Kolev said: “Until another is elected from the relevant college in the Supreme Judicial Council.”