The Constitutional Court rejected the requests for interpretation of politicians on the powers of the Supreme Judicial Council, whose members have expired mandates and whether it can elect the so-called "big three" in the judiciary, BNT reported.
Questions to the court were submitted first by GERB, and then by PP-DB. However, all of them were not admitted for consideration by the Constitutional Court. What are its reasons is expected to become clear today.
Questions in the two requests:
On the question of GERB:
1. When the mandate of the members of the Supreme Judicial Council has expired, does it continue to exercise its constitutional powers in full?
The Constitutional Court did not reach a majority on this issue. Pavlina Panova, Nadezhda Dzhelepova, Sonya Yankulova, Borislav Belazelkov, Desislava Atanasova and Galina Toneva considered the request in this part inadmissible, and Atanas Semov, Krasimir Vlahov, Yanaki Stoilov, Sasho Penov and Nevin Feti - admissible.
2. Is it permissible to limit the same by law or another act of the National Assembly?
Admitted as inadmissible with 10 votes "for" and a dissenting opinion by Yanaki Stoilov.
3. Does § apply? 23 of the Transitional and Final Provisions to the Law on Amendments and Supplements to the Constitution of the Republic of Bulgaria, promulgated, SG, issue 106 of 2023 – amended, SG, issue 66 of 2024 after Decision No. 13/2024 of the Constitutional Court of the Republic of Bulgaria?“.
Rejected as inadmissible unanimously.
On the question of PP-DB:
1. How should § 23, para. 2 of the Law on Amendments and Supplements to the Constitution of the Republic of Bulgaria (SG, issue 106 of 2023) be applied in relation to pending or upcoming procedures for the election of senior managers of bodies under Art. 129, para. 2 of the Constitution of the Republic of Bulgaria in the light of the principles of the rule of law (Art. 4 of the Constitutional Court), the supremacy of the constitution (Art. 5, para. 1 and para. 2 of the Constitutional Court), the separation of powers (Art. 8 of the Constitutional Court) and the independence of the judiciary (Art. 117, para. 2, Art. 129, para. 2 and Art. 130, para. 4 of the Constitutional Court)?
The request was rejected unanimously.
2. Is the exercise of basic constitutional functions under Art. 129, para. 2 of the Constitution of the Republic of Bulgaria by the plenum of the Supreme Judicial Council admissible, in relation to which the following hypotheses exist: a) the mandate of its elected members expired more than two years ago; b) systematically meets in an incomplete composition, due to the departure or dismissal of 1/5 of its members, including from the professional quota, which leads to a disproportionately high influence of the parliamentary quota and politicization of the functions, given the principles of the rule of law (Art. 4 of the Constitutional Court), the supremacy of the constitution (Art. 5, para. 1 and para. 2 of the Constitutional Court), the separation of powers (Art. 8) and the independence of the judiciary (Art. 117, para. 2, Art. 129, para. 2 and Art. 130, para. 4 of the Constitutional Court)?
Rejected with 9 votes “for“ and dissenting opinions of Atanas Semov and Yanaki Stoilov. Krasimir Vlahov, Sasho Penov and Nevin Feti signed the definition with an opinion.
3. Is the exercise of basic constitutional functions under Art. 129, para. 2 of the Constitution of the Republic of Bulgaria by the SJC upon expiry of its mandate and failure to fill its composition by ⅕ of the members elected by the bodies of the judiciary, in light of the obligations to participate in the construction and development of the European Union under Art. 4, para. 3 of the Constitutional Court?
Rejected with 9 votes „for“ and dissenting opinions of Atanas Semov and Yanaki Stoilov. Krasimir Vlahov, Sasho Penov and Nevin Feti signed the ruling with an opinion.
4. Does the authority of the SJC under Art. 30, para. 2, t. comply with the international treaties to which the Republic of Bulgaria is a party, namely – Art. 6, para. 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 6 of the Judicial Service Act to make a proposal to the President of the Republic of Bulgaria 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 upon expiry of their mandate and failure to fill its composition by ⅕ of the members elected by the judicial authorities?
The request was rejected unanimously.