The Supreme Court left without consideration the two appeals of the DPS, represented by Jevdet Chakarov.
One - against the CEC's refusal to remove the party from the "DPS - New Beginning" coalition, and the second - against the commission's decision to register the "DPS-New Beginning" coalition. to participate in the elections.
This is clear from YOUR message.
The supreme magistrates accept that the two chairmen of the DPS party have the same rights, they can represent it separately, but they carry out opposite procedural actions that make it impossible to establish the actual will of the legal subject.
This prevents the court from ascertaining the true will of the party. Decisions are final.
The complaints are respectively against:
- the refusal of the CEC to consider an application of the PP DPS, represented by Jevdet Chakarov, with which he declares a unilateral waiver of the subjective right of the DPS to participate in the coalition agreement and in the composition of the coalition “Movement for Rights and Freedoms– A new beginning“, an explicit application is made for the withdrawal of the DPS from the decision to form the coalition, as well as the withdrawal of the powers of representation of the party in the coalition;
- the CEC's decision to register the coalition "Movement for Rights and Freedoms" A New Beginning“ to participate in the elections
The facts of the case show that there is a certificate from the Sofia City Court dated 27.08.2024, according to which the chairmen of the DPS are Delyan Peevski and Jevdet Chakarov, who represent the party jointly and separately.
Article 10, paragraph 2 of the Statute of the DPS provides that when two chairmen are elected, they exercise their powers, defined in paragraph 1, together and separately and participate in the composition and activities of the bodies of the DPS, when this is provided for in the Statute.
The Supreme Magistrates accept that the chairmen of the DPS party, who can represent it separately, and whose rights are the same, perform contrary procedural actions that make it impossible to establish the actual will of the legal entity, a party to the proceedings. These contrary procedural actions prevent the possibility of the court to establish whether the will of the PP DPS as a participant in the election process is to challenge the decision of the CEC regarding deletion of the registration or not to do so.
With their procedural actions, the representatives of the political party actually ask the court to replace the will of the party itself as a voluntary association of citizens with electoral rights, established in accordance with the Law on Political Parties. In the proceedings for registration to participate in the elections, the court should not resolve disputes arising between the two representatives of the PP DPS, who have the same and equal rights.
The decisions on administrative cases Nos. 8585 and 8586 of 2024 are final.