The Constitutional Court has declared as contrary to the Basic Law almost all changes related with the judiciary, in its Sixth Amendment. In this way, in practice, the entire judicial reform is cancelled. The changes remain in place, altering the procedure for appointing a caretaker government, with the president having to choose a caretaker prime minister from a list of individuals.
This was announced by the BNR.
According to the Constitutional Court, the texts dividing the Supreme Judicial Council into two separate councils, limiting the powers of the Chief Prosecutor and introducing a mechanism to investigate the number one accuser are unconstitutional.
The mentioned constitutional provisions retain their wording prior to the entry into force of the Law on Amendments and Supplements to the Constitution of the Republic of Bulgaria.
The legal consequences that occurred with the effect of these changes in the mentioned constitutional provisions until the entry into force of this decision, retain their legal effect.
The judges did not reach an agreement on the texts related to the caretaker government and the mandate of the National Assembly, and they remain in force.
Changes remain in place changing the procedure for appointing a caretaker government, with the president having to choose a caretaker prime minister from a list of senior public office holders and the caretaker prime minister candidate proposing the composition of the caretaker cabinet .
The CC leaves in force the introduced possibility for people's representatives to elect candidates who have dual citizenship - Bulgarian and of another country.
All constitutional judges participated in today's meeting.
The case was initiated at the request of the President of the Republic of Bulgaria and 48 people's representatives from the 49th National Assembly to establish the unconstitutionality of the changes to the Constitution introduced by the Law on Amendments and Supplements to the Constitution of the Republic of Bulgaria.
The SC decision comes two days after Bulgaria was praised by the EC for some of the constitutional changes in the judicial branch. The report of the Commission on the Rule of Law also explicitly mentioned the changed formula for broadcasting a caretaker government.
The entire opinion of the Constitutional Court:
THE CONSTITUTIONAL COURT ISSUED A DECISION ON CONSTITUTIONAL CASE #1/2024
26-07-2024
Today, July 26, 2024, the Constitutional Court issued a decision on constitutional case No. 1/2024
The case was initiated at the request of the President of the Republic of Bulgaria and 48 people's representatives from the 49th National Assembly to establish the unconstitutionality of the changes to the Constitution introduced by the Law on Amendments and Supplements to the Constitution of the Republic of Bulgaria (public SG No. 106 of 22.12.2023).
The Constitutional Court declared as unconstitutional and invalid the changes in Art. 23; Art. 91b; Art. 99, para. 7; Art. 110; Art. 126, para. 2 and 3; Art. 129, para. 3; Art. 130, para. 2, ex. first, para. 3 and 4; Art. 130a, para. 2, para. 5, ex. first and third; Art. 130b, para. 2, item 12, para. 3, item 12, para. 4, ex. second, items 2, 3 and 4, para. 5 (regarding the Minister of Justice); Art. 132a, para. 4, ex. second and Art. 150, para. 3 of the Constitution, as introduced by §1, 5, 7, 9, 11, 14, 15, 16, 17, 19 and 21 of the Law on Amendments and Supplements to the Constitution of the Republic of Bulgaria (promulgated SG No. 106 from 22.12.2023). Due to the systemic connection with the changes declared unconstitutional, the Constitutional Court also declared unconstitutional the changes in Art. 84, item 16 (in the part “respectively by the High Prosecutorial Council“); Art. 129, para. 1, 2, 4, 5 and 6; Art. 130, para. 1, 2, exp. second and third, para. 5 and 6; Art. 130a, para. 1, 3, 4, 5, exp. second, para. 6 and 7; Art. 130b, para. 1, para. 2, item 1 – 11 and 13, para. 3, item 1 – 11 and 13, para. 4, ex. first, para. 5 (outside the Minister of Justice) and 6; Art. 130c, item 1 and Art. 133 (in the part “Higher Prosecutorial Council”) of the Constitution, as introduced by §4, 14, 15, 16, 17, 18 and 20 of the Law on Amendments and Supplements to the Constitution of the Republic of Bulgaria.< /p>
The mentioned constitutional provisions retain their wording prior to the entry into force of the Law on Amendments and Supplements to the Constitution of the Republic of Bulgaria. The legal consequences that occurred with the effect of these changes in the mentioned constitutional provisions until the entry into force of this decision, retain their legal effect. The Constitutional Court rejected the requests to establish the unconstitutionality of the changes in Art. 93, para. 2; Art. 117, para. 2; Art. 126, para. 1; Art. 127, items 5 and 6; Art. 128; Art. 130c, item 4; Art. 132a, para. 4, ex. first and art. 150, para. 2 of the Constitution, as introduced by §6, 10, 11, 12, 13, 19 and 21, as well as §22 and 23 (Transitional and Final Provisions) of the Republic Constitution Amendment Act.< /em> The Constitutional Court did not achieve what was required by Art. 151, para. 1 of the Constitution, a majority to issue a decision on the changes in Art. 64, para. 2, 3 and 4; Art. 65; Art. 99, para. 5 and Art. 102, para. 3, item 3, as introduced by § 2, 3, 7 and 8 of the Law on Amendments and Supplements to the Constitution of the Republic of Bulgaria, therefore rejected the petitioners' requests. Judges Pavlina Panova, Mariana Karagyozova-Finkova, Tanya Rajkovska, Atanas Semov, Yanaki Stoilov and Sonia Yankulova accept that these changes are unconstitutional. Judges Konstantin Penchev, Filip Dimitrov, Nadezhda Dzhelepova, Krasimir Vlahov, Borislav Belazelkov and Desislava Atanasova accept that these changes are not unconstitutional. The decision was signed with an opinion by judge Borislav Belazelkov. The decision was signed with a dissenting opinion by judges Borislav Belazelkov and Desislava Atanasova under Art. 23; by judges Konstantin Penchev, Borislav Belazelkov and Desislava Atanasova under Art. 84, Item 16, Art. 126, para. 2 and 3, Art. 129, Art. 130 (with the exception of para. 4 for judge Konstantin Penchev), art. 130a, Art. 130b, Art. 130c, Art. 133; by judges Borislav Belazelkov and Desislava Atanasova under Art. 150, para. 3 of the Constitution. All twelve constitutional judges participated in the meeting.