The changes in the leadership of the DPS, which yesterday took members of the Central Operational Bureau loyal to Ahmed Dogan, will be legally valid if the SGS reflects them in the register of the party. Only then will DPS be able to be represented by its one chairman, Jevdet Chakarov. Yesterday, the other chairman Delyan Peevski contested the decisions. In order to be registered to participate in the elections, the party must submit a relevant set of documents. The registration period is short - it starts on September 2nd and ends on the 11th. How will the dispute in the DPS affect who will register the party lists and how complicated is the legal case?
Who will register the DPS lists?
The answer to this question at the moment is that each of the two presidents has the right to register the DPS both before the CEC for participation in the elections and the lists in the RIC, commented BNT. Until the changes in the leadership of the DPS are entered in the register of political parties in the current status document, it will appear that the movement is represented by the two chairmen, Jevdet Chakarov and Delyan Peevski - together and separately, because that is how it is written in the Statute , such is the already entered Decision of the National Conference from February of this year, when the two were elected. Only after yesterday's decision is entered, if the court accepts it as regular, then only Jevdet Chakarov will represent DPS.
When will this entry happen?
We sought an answer to this question today both from the people in the DPS, who made the decision to exclude Delyan Peevski, and from lawyers and experts in electoral legislation and process.
When will the court enter the new circumstances?
"From what we announced yesterday, what is more important is not when the court will enter them, but rather the content is important of what we took as a decision yesterday. And the decision is to exclude Peevski and the group around him, as well as ten regional chairmen due to regular and systematic non-compliance with the statute, said Timur Halilov, chairman of the DPS Control Commission.
When will this decision be valid for the bodies and institutions that are outside the DPS?
"The political party is obliged to present to the court the minutes of the meeting of its supreme body within one month. Obviously, there are such circumstances that are subject to registration, at least because the members of the central governing bodies have been replaced, the chairman, one of the two chairmen who represent the party, has been replaced," Lyubomir Denev, a lawyer, pointed out.
"The requirements of two documents will determine how DPS will be registered, whether two separate political entities will be registered. This is the DPS Statute in the first place, as it defines the internal decision-making mechanisms. And the second important document is the Electoral Code. According to the Electoral Code, September 2 to 11 is the deadline for registration. So we will witness the outcome within the next 10 to 14 days," explained Dr. Vanya Nusheva, lecturer in lithology at SU, election expert.
What does entry depend on?
First from the submission of an application, the deadline for this is a maximum of one month. Then from the time it takes for the court to rule. You know that Cornelia Ninova still represents the BSP before state bodies and institutions. The court must then consider first whether the CSO has the authority to make such a decision, if it has such authority, whether it sat in regular composition, i.e. there was a quorum and then whether the required majority supported the decision.
I.e. it is possible that the registration will not be a fact until the deadline for registration of the parties and coalitions to participate in the elections expires, then which of the two - Jevdet Chakarov or Delyan Peevski will register the movement?
Each of the two will be entitled to it, and the one who is faster will succeed, as well as the one who manages to procure all the registration documents that the CEC requires. If both submit documents for registration - the CEC is the authority that will decide who to accept as regular and who to register. Decisions of the CEC can be appealed through the Supreme Court, which will make a final decision within three days. There have been similar cases in the past - and the general principle that has been applied and enforced as a practice is first in time is first in law.
In the case of DPS, according to court registration, there are two chairmen, and according to a party decision, one - is there an arbitrator?
The Statute of the DPS does not provide for an arbitrator in such a situation, so at this point, as you can see, the case is very complicated and obviously we will most likely witness a number of legal disputes.