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Bulgarian Wind Energy Association: The referendum in the Municipality of Dobrichka is illegal

The Supreme Administrative Court returned the case to the court in Dobrich for consideration

Oct 24, 2024 15:06 39

Bulgarian Wind Energy Association: The referendum in the Municipality of Dobrichka is illegal  - 1

The Bulgarian Wind Energy Association (BGVEA) determined the referendum in the Municipality of Dobrichka "for" or "against" construction of wind energy parks in agricultural lands on the territory of the municipality as illegal. This is the position of the Association, which was sent to the media.

Regarding yesterday's briefing by the mayor of the municipality of Dobrichka, Sonia Georgieva, who said that a decision of the Municipal Council of the Municipality of Dobrichka on the referendum had entered into force, according to the BGVEA, the decision adopted on September 4 had not yet entered into force due to a subsequent appeal by the decision, as a result of which there are currently two pending proceedings.

Until the final ruling by the Supreme Administrative Court and the Administrative Court-Dobrich on these proceedings, the holding of the referendum cannot take place, BGVEA is categorical, and the Association adds that, therefore, they cannot agree with the statements, that there is an effective decision of the Dobric municipal council.

This statement is false and we believe that it is important that the residents of the municipality of Dobrichka and society as a whole are properly informed on the subject, writes the Association, noting that "the development of renewable energy in the country is a subject of national policy , which Bulgaria implements, in sync with the climate and energy policies of the EU. The country's commitments in this regard are established by international agreements concluded more than 10 years ago. In view of the provision of Art. 9 para. 4 of the ZPUGDVMS, a referendum on issues regulated in international treaties concluded by the Republic of Bulgaria can be submitted to a referendum only before, but not after, their signing. Therefore, the issues subject to the referendum are in conflict with the aforementioned legal provision".

But otherwise, BGVEA says that "we believe in the rule of law and the rule of law" and are convinced that the competent authorities, namely the Central Election Commission (CEC) and the Regional Election Commission (REC), will comply with all legal provisions in the context of the situation.

Later, the BNR announced that the Central Election Commission (CEC) canceled the appointment of the sectional commissions for the referendum in the municipality of Dobrichka, and the reason for this was the legal dispute that started after a complaint by the regional governor Yordanka Kostadinova against the decision of the Municipal Council of the Municipality of Dobrichka on the referendum.

The Supreme Administrative Court returned the case to the court in Dobrich for consideration.

The CEC has accepted that the Municipal Election Commission - Dobrichka (MEC) should have appointed the members of the CEC in its ruling, taking into account the written proposals made in compliance with the requirements of the Election Code.

However, when making the ruling, the OIC did not take into account the legal dispute before the Supreme Administrative Court in connection with an appeal against the decision of the Municipal Council - Dobrichka.

The decision of the CEC is subject to appeal within three days before the Supreme Administrative Court.

We remind you that the residents of the villages of Slaveevo, Pchelino and Odertsi declared against the construction of a park of 23 generators. At the beginning of September, the Municipality of Dobrichka decided to hold a local referendum, and it was decided that it would be held on October 27, when the parliamentary elections are also held.

But a few days ago, the chairman of the Regional Election Commission (REC), Tsonka Velkova, said that all activities related to the production of the referendum should be stopped, and the reason for this was that the same people were appointed as members of the SEC for the parliamentary vote, as well as for members of the SIC for the referendum. In addition, continued the chairman of the RIC, the Municipality's decision on a referendum has not entered into force, because there is a pending proceeding due to an appeal by the regional governor, which is also known to the CEC.

For her part, at a press conference held yesterday, the Mayor of the Municipality, Sonia Georgieva, expressed her surprise at this statement, because in the process of organization, several meetings were held with the team from the municipal administration, lawyers, deputy mayors with members of the RIC . During these meetings and the conversations held, Tsonka Velkova claimed that the members of the sectional commissions for both the people's representatives and the referendum should be the same, but in her speech yesterday she claimed something completely different.

Furthermore, at the end of August, Sonia Georgieva sounded the alarm about pressure exerted on the local administration and threats received, in case the investment intention is not approved.