"We, the MPs from Dogan's Authentic DPS, categorically support the request of our colleagues from PG of the PPDB to request an interpretation of the SC regarding § 23, para. 2 of the PPR of the Constitution of the Republic of Bulgaria".
This is stated in the Position of the People's Representatives from Dogan's Authentic DPS regarding the proposal of the deputies from the PG of the PPDB for a request to the Constitutional Court for the interpretation of § 23, para. 2 of the Transitional and Final Provisions of the Constitution of the Republic of Bulgaria.
See the full text of the position:
„We MPs from the Authentic DPS of Dogan categorically support the request of our colleagues from the PG of the PP-DB to request an interpretation of the CC regarding Art. 23, para. 2 of the PPR of the Constitution of the Republic of Bulgaria.
As is known, currently in force is Art. 23, para. 2 of the PPR of the Constitution of the Republic of Bulgaria. According to this provision, until the election of the Supreme Judicial Council and the Supreme Prosecutor's Council, the previous Supreme Judicial Council shall perform their functions, with the exception of the powers under Art. 130b, para. 2, item 2 and para. 3, item 2, that is, he cannot make proposals to the President of the Republic for the appointment and dismissal of the President of the Supreme Court of Cassation, the President of the Supreme Administrative Court and the Prosecutor General.
In our opinion, there is a need for the Constitutional Court to give its interpretation of the powers of the currently active Supreme Judicial Council in the context of Art. 23, para. 2 of the PPR of the Constitution, as they refer to the already repealed provision of Art. 130b, para. 2, item 2 and para. 3, item 2.
We remind you that the two procedures for the election of the chief prosecutor and the chairman of the Supreme Administrative Court were opened after figuratively speaking “order“ by Mr. Peevski. But apart from the above, we think that this ruling is extremely important in view of the constitutionality of the actions of the High Judicial Council, which has no public support, in relation to the procedures it initiated, because there should not be any doubt about the legitimacy of the election of two of the big three in the judiciary. In view of this, we will support the request of our colleagues from PP-DB that the Constitutional Court give a mandatory interpretation on the subject.