The Constitutional Court ruled with a decision on the case for changes to the basic law. The Constitutional Court has declared some of the changes in the basic law related to the judicial reform to be unconstitutional.
BGNES publishes the judges' decision:
The case was initiated at the request of the President of the Republic of Bulgaria and 48 people's representatives from the 49th National Assembly to establish the unconstitutionality of the changes to the Constitution introduced by the Law on Amendments and Supplements to the Constitution of the Republic of Bulgaria (promulgated SG No. 106 from 22.12.2023).
The Constitutional Court declared as unconstitutional and invalid the changes in Art. 23; Art. 91b; Art. 99, para. 7; Art. 110; Art. 126, para. 2 and 3; Art. 129, para. 3; Art. 130, para. 2, ex. first, para. 3 and 4; Art. 130a, para. 2, paragraph 5, ex. first and third; Art. 130b, para. 2, item 12, para. 3, item 12, para. 4, ex. second, items 2, 3 and 4, para. 5 (regarding the Minister of Justice); Art. 132a, para. 4, ex. second and Art. 150, para. 3 of the Constitution, as introduced by §1, 5, 7, 9, 11, 14, 15, 16, 17, 19 and 21 of the Law on Amendments and Supplements to the Constitution of the Republic of Bulgaria (promulgated SG No. 106 of 22.12.2023).
Due to the systemic connection with the changes declared unconstitutional, the Constitutional Court also declared unconstitutional the changes in Art. 84, item 16 (in the part "respectively by the High Prosecutor's Council"); Art. 129, para. 1, 2, 4, 5 and 6; Art. 130, para. 1, 2, exp. second and third, para. 5 and 6; Art. 130a, para. 1, 3, 4, 5, exp. second, para. 6 and 7; Art. 130b, para. 1, para. 2, items 1 – 11 and 13, para. 3, items 1 – 11 and 13, para. 4, ex. first, para. 5 (outside the Minister of Justice) and 6; Art. 130c, item 1 and Art. 133 (in the part "Higher Prosecutor's Council") of the Constitution, as introduced by §4, 14, 15, 16, 17, 18 and 20 of the Law on Amendments and Supplements to the Constitution of the Republic of Bulgaria.
The mentioned constitutional provisions retain their wording prior to the entry into force of the Law on Amendments and Supplements to the Constitution of the Republic of Bulgaria.
The legal consequences arising from the effect of these changes in the mentioned constitutional provisions until the entry into force of this decision retain their legal effect.
The Constitutional Court rejected the requests to establish the unconstitutionality of the changes in Art. 93, para. 2; Art. 117, para. 2; Art. 126, para. 1; Art. 127, items 5 and 6; Art. 128; Art. 130c, item 4; Art. 132a, para. 4, ex. first and art. 150, para. 2 of the Constitution, as introduced by §6, 10, 11, 12, 13, 19 and 21, as well as §22 and 23 (Transitional and final provisions) of the Law amending and supplementing the Constitution of the Republic.
The Constitutional Court did not achieve what was required by Art. 151, para. 1 of the Constitution, a majority to issue a decision on the changes in Art. 64, para. 2, 3 and 4; Art. 65; Art. 99, para. 5 and Art. 102, para. 3, item 3, as introduced by §2, 3, 7 and 8 of the Law on Amendments and Supplements to the Constitution of the Republic of Bulgaria, therefore rejected the petitioners' requests. Judges Pavlina Panova, Mariana Karagyozova-Finkova, Tanya Rajkovska, Atanas Semov, Yanaki Stoilov and Sonia Yankulova accept that these changes are unconstitutional. Judges Konstantin Penchev, Filip Dimitrov, Nadezhda Dzhelepova, Krasimir Vlahov, Borislav Belazelkov and Desislava Atanasova accept that these changes are not unconstitutional.
The decision was signed with an opinion by judge Borislav Belazelkov.
The decision was signed with a dissenting opinion by judges Borislav Belazelkov and Desislava Atanasova under Art. 23; by judges Konstantin Penchev, Borislav Belazelkov and Desislava Atanasova under Art. 84, Item 16, Art. 126, para. 2 and 3, Art. 129, Art. 130 (with the exception of paragraph 4 for Judge Konstantin Penchev), Art. 130a, Art. 130b, Art. 130c, Art. 133; by judges Borislav Belazelkov and Desislava Atanasova under Art. 150, para. 3 of the Constitution.
All twelve constitutional judges participated in the meeting. | BGNES
