" The Central Election Commission postponed the inevitable in time. A decision to allow registration or to reject the proposal must be issued by act. Both decisions are subject to appeal. The situation gives reason to develop the constitutional-legal science. After the adoption of the decision of the CEC, it can be appealed within three days by a party that has a legal interest. And in this case, the two factions, given that each of the leaders represents the party and can express its will, can turn to YOU," said constitutionalist Dr. Orlin Kolev in "Day ON AIR", commenting on the complex case with the two wings of DPS.
He clarified that the CEC should approach very carefully, first look at the documents and on this basis it may refuse to register any of the two applications.
"In one coalition, let's say DPS-Chakarov, we have 3 political entities, one of which is DPS, but in the other of Delyan Peevski, we see that there are not 3, but two parties, that is, DPS does not participate there. If so, then one of the problems is eliminated. One party cannot participate in 2 or more coalitions. An abbreviation cannot be used twice or more. If the coalition preceded by Peevski, the DPS, does not participate in it, one ban is dropped. This is a violation, but not of such a magnitude that it interferes with the election process. The CEC is to be blamed and it should implement the law as it is," added Dr. Kolev for Bulgaria ON AIR.
The CEC must issue a decision, regardless of which direction, the constitutionalist is categorical.
"If we were put in the place of the CEC members, perhaps our decision would not be fundamentally different from theirs. The Electoral Code does not stipulate the form of the declaration of will. CEC members who accept paper applications are currently playing the role of clerks. They only accept the documents, but this does not mean that there is already a registration", commented the guest.
According to him, DPS will participate in the elections, the question is in what format.
"The electronic form could also weigh in a certain sense when ruling by the Supreme Administrative Court. The options that the two wings can take are different. The CEC, we must be aware that it is the most politicized body after the parliament, and that's how it should be. We should not be mistaken that the CEC is something different from a politicized body. The court must be impartial," the constitutionalist pointed out.