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Borislav Tsekov: The President should fill his quota in the Constitutional Court after a transparent procedure

Let's escape from political passions

Oct 30, 2024 16:02 100

Borislav Tsekov: The President should fill his quota in the Constitutional Court after a transparent procedure  - 1
ФАКТИ публикува мнения с широк спектър от гледни точки, за да насърчава конструктивни дебати.

Recently, certain circles have launched in the public space claims that in November, when the President of the Republic follows to appoint two constitutional judges, the political situation in the country would have changed. So it was, says this suddenly erupted constitutional spontaneity, because with the votes of these two judges, the Constitutional Court would have declared unconstitutional the changes regarding the official government, voted by the constitutional coalition GERB-PPDB-DPS.

This was announced on "Facebook" the owner of "Gallup International Balkan“ and Doctor of Constitutional Law Associate Professor Borislav Tsekov.

The launch of such statements, of course, is not accidental - this is the line of the presidential entourage, which is only sounded signally by their proxy-analysts in the media. From now on, it should be warned that such a line is extremely dangerous!

Why? Because this is an acknowledgment that the constitutional jurisdiction will fulfill the political orders of the president and (after the departure of Prof. Drumev) the increasingly scarce legal thought around him. The two constitutional judges appointed by the president, what will they be - independent members of the Constitutional Court or political puppets of the president? How will they interpret the Constitution - according to the highest principles and values of constitutionalism or according to the political, departmental and lobbyist interests and orders of "Dondukov" 2? If it is the second, it would be a brutal attack on the independence of the Constitutional Court. Attempts to normalize this encroachment by talking about this or that in the media will not reduce the harmful effect of possibly appointing presidential puppets who have already been extra-institutionally instilled how they should decide certain cases.

I'll stop there for now. Let's see the applications. I hope that they will be aired through a public process, after the publication of concepts and a public hearing of the candidates, in which they are given the opportunity to ask questions from the academic legal community and NGOs. And not the way presidential appointments have been made so far - haphazardly and with unclear motivation.