The MPs started to repair the changes in the Constitution.
The salaries of the people's representatives should be accrued from the date of the swearing-in until the swearing-in of the newly elected members.
Such an amendment to the Regulations of the National Assembly was introduced by the deputy from GERB-SDS Radomir Cholakov.
The change is made due to the disputes that have arisen as to whether it is possible to charge double remunerations if the mandates of the previous and newly elected parliaments overlap during the period from the announcement of the names by the CEC and the swearing-in act.
In the reasons, it is written that this avoids misunderstandings about a possible overlapping of the mandates and remuneration of the people's representatives after the changes in the Constitution.
Thus, the people's representatives are trying to solve the case, which obliges the National Assembly to pay salaries to more than 240 people's representatives. There is a hypothesis if a deputy from the 49th parliament is elected to the next 50th parliament, whether he will receive a double salary from the time of the election until the convening of the first session.
Besides in the constitutional theory, where this issue is clarified, there is an interpretative decision of the Constitutional Court - RKS No. 5 of 2001 under k. case No. 5 of 2001 - which expressly ruled that the mandate of the National Assembly begins from the date of the election. He warned about this on "Facebook". the constitutionalist Prof. Borislav Tsekov.
He recalls that there is a difference between the acquisition of the constitutional status of a representative of the people and the implementation of the powers that this status includes.
As constitutional jurisdiction points out: "the law-generating act is the act of election", not the taking of the oath. This is because the Court accepts that "the constitutional provision distinguishes two separate moments. The first moment is the election of the National Assembly in the sense of art. 64, para. 1 of the Constitution. From that moment (the date of the election) the four-year term established in the same norm begins to run. A second, separate moment is the beginning of exercising the powers of the National Assembly as a collective, structured body, which begins with the first session."