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Prof. Kiselova: Radev's refusal to sign the decree for Kozhareva's official cabinet is not unconstitutional

"The president cannot impose his will on the selection and composition of the future official cabinet, commented Dr. Orlin Kolev. The constitutionalist defined as "a big blunder the fact that the head of state ties the holding of parliamentary elections to the formation of an official cabinet.

Aug 20, 2024 08:36 160

Prof. Kiselova: Radev's refusal to sign the decree for Kozhareva's official cabinet is not unconstitutional  - 1

Does the president have the right under the Constitution to reject an official cabinet, as he did with the draft cabinet “Kozareva” on Monday? The complicated political situation in “Hello, Bulgaria” commented the professors of Constitutional Law Dr. Orlin Kolev and Associate Professor Nataliya Kiselova.
“According to interpretive decision number 2 of the Constitutional Court of 2002, the word “proposal”, as regards procedures in which the head of state participates, implies that the final act is his. This means that even in the case of the caretaker government, the final word is with the president, said Prof. Kiselova. In her words, Radev's refusal to sign a decree appointing the caretaker government of Gorica Kozhareva is not unconstitutional.
However, her colleague Dr. Orlin Kolev has a different opinion. According to him, “the president cannot impose his will on the selection and composition of the future office”. The constitutionalist defined as a “big blunder” the fact that the head of state ties the holding of parliamentary elections to the formation of an official cabinet.

According to Prof. Kiselova, the decree for the appointment of a caretaker government precedes the decree for holding an early vote. That is, if Rumen Radev decides to leave the current "Glavchev" cabinet, then the head of state must issue a decree for his reappointment and only then one for the date of early elections.