Constitutional Court of the Republic of Bulgaria

 

Formation:The formation of the Constitutional Court became possible only after 12 July 1991, when the Grand National Assembly adopted the Constitution of the Republic of Bulgaria.

By applying strictly and consistently the provisions of the Constitution, the Bulgarian Constitutional Court acts as a guarantee for the irreversibility of the democratic processes in Bulgaria whose realization is the Constitution’s main aim. In this respect, of key importance to the State and society are: the decisions for the protection of the citizens’ human rights and legal interests, the separation of powers, the protection of property, the free business initiative, the independence of the media and the ban on censure, the conformity of the Framework Convention for the Protection of National Minorities with the Constitution, etc.

History: The Constitution now in force is the fourth constitution in the Third Bulgarian State which was formed after Bulgaria's liberation (1878).

 

The three preceding constitutions were: the Constitution of Turnovo that was adopted on April 16. 1879: the Constitution of December 6, 1947 and the Constitution of May 18, 1971. What is characteristic of these three constitutions is that they did not enforce a Constitutional Court. The reasons though for the first and for the two other constitutions were fundamentally different. When the Constitution of Turnovo was adopted the idea of a Constitutional Court was a long way off in Europe where the first Constitutional Court was established as late as 1920. As concerns the constitutions of 1947 and 1971 these were incompatible with a Constitutional Court because they were products of a totalitarian regime which was seeking unlimited power that would not tolerate to be controlled by a Constitutional Court that was out of reach. To rule out even the idea of such a court the Constitution of 1971 explicitly provided that it was only the National Assembly that could see that a law it had passed did not contravene the Constitution (Art. 85).

 

This is why a Constitutional Court could be instituted in Bulgaria only when the totalitarian regime collapsed (1989-1990). An important merit of the new Constitution that the Grand National Assembly adopted was the provision in Chapter 8 for a Constitutional Court. The Court was established amazingly fast. Within a month of the adoption of the Constitution, a Constitutional Court Act was passed (August 16, 1991). The Constitutional Court was constituted on October 3, 1991. On December 26. 1991 the Court approved the Rules of the Organization and Activities of the Constitutional Court and by the end of the same year passed two decisions on cases with which it had been approached. This fact is self-evident of the need of a Constitutional Court in a state that wants to be democratic and law-abiding.

 

General Characteristics: The Bulgarian Constitutional Court is modeled on the European and not on the American constitutional justice pattern. Unlike the Constitutional Council in France it exercises post-promulgation and not pre-promulgation control on the consistency of the laws with the Constitution like most of the Constitutional Courts in Europe. In addition the Bulgarian Constilutional Court is vested with a competence that they don't have: the provision of binding interpretations of the Constitution (Art. 149 para 1 subpara 1). As the binding interpretation of the Constitution is binding on all State institutions, including the National Assembly, it plays an important preventive role as it thwarts the passage of legislation that contravenes the Constitution. Similarly to the other European Constitutional Courts, the Bulgarian Constitutional Court is a body which is independent of the Parliament, the President of the Republic and the Council of Ministers.

 

As in the other European states, the Bulgarian Constitutional Court is called to ensure the supremacy of the Constitution over the laws and bylaws that Parliament passes and over the presidential decrees. The Constitutional Court decisions are final (i.e. cannot be challenged) and binding on all, courts included. They are binding by the interpretation of the Constitution by the Constitutional Court's interpretative decisions and also by its other decisions. The Constitutional Court control covers not only the laws passed after the adoption of the Constitution but also the laws passed before the adoption of the Constitution (so-called existing legislation). The Constitutional Court cannot revoke decisions of the Supreme Court of Cassation and of the Supreme Administrative Court if they contravene the Constitution. It is not the fourth instance above them.

 

As regards the Council of Ministers and the ministers, control on whether their acts comply with the Constitution and the laws lies with the Supreme Administrative Court. Along with that the Constitutional Court guarantees the main requirement of the Constitution (cf. Art. 4) reading that the Republic of Bulgaria shall be a law-governed state, i.e. a state where law is a paramount value and where the supreme State institutions are subordinated to the Constitution and the laws while citizens have rights and freedoms that are proclaimed by the Constitution and guaranteed by the Constitutional Court. Therefore the Constitutional Court can be said to be a guard of the Constitution. The conclusion is corroborated by the fact that 95% of the Constitutional Court cases were cases asking to interpret the Constitution and challenging the constitutionality of laws and bylaws of Parliament and of presidential decrees.

 

Source: www.constcourt.bg