Constitutionof the
Republic of Bulgaria
English | Bulgarian
Prom., SG. 56/13 Jul 1991, amend., SG.
85/26 Sep 2003, amend., SG.
18/25 Feb 2005
We, the Members of the Seventh Grand National Assembly, guided by our
desire to express the will of the people of Bulgaria, by pledging our
loyalty to the universal human values of freedom, peace, humanism,
equality, justice and tolerance; by holding as the highest principle
the rights, dignity and security of the individual; aware of our
irrevocable duty to protect the national and state integrity of
Bulgaria, hereby promulgate our resolve to create a democratic,
law-governed and welfare state, by establishing this
C O N S T I T U T I O N
Chapter One
FUNDAMENTAL PRINCIPLES
Article 1
(1) Bulgaria shall be a republic with a parliamentary form of
government.
(2) The entire power of the state shall derive from the people. The
people shall exercise this power directly and through the bodies
established by this Constitution.
(3) No part of the people, no political party nor any other
organization, state institution or individual shall usurp the
expression of the popular sovereignty.
Article
2
(1) The Republic of Bulgaria shall be an integral state with local
government. No autonomous territorial formations shall exist.
(2) The territorial integrity of the Republic of Bulgaria shall be
inviolable.
Article
3
Bulgarian shall be the official language of the Republic.
Article 4
(1) The Republic of Bulgaria shall be a state governed by the rule of
law. It shall be governed by the Constitution and the laws of the
country.
(2) The Republic of Bulgaria shall guarantee the life, dignity and
rights of the individual and shall create conditions conducive to the
free development of the individual and of civil society.
(3) (new, SG 18/05) Republic of Bulgaria shall participate in the
construction and development of the European Union.
Article
5
(1) The Constitution shall be the supreme law, and no other law shall
contravene it.
(2) The provisions of the Constitution shall apply directly.*
(3) No one shall be convicted for action or inaction which at the time
it was committed, did not constitute a crime.
(4) Any international instruments which have been ratified by the
constitutionally established procedure, promulgated and having come
into force with respect to the Republic of Bulgaria, shall be
considered part of the domestic legislation of the country. They shall
supersede any domestic legislation stipulating otherwise.
(5) All legislative acts shall be promulgated and shall come into force
three days after the date of their promulgation unless otherwise
envisaged by the acts themselves.
Article
6
(1) All persons are born free and equal in dignity and rights.
(2) All citizens shall be equal before the law. There shall be no
privileges or restriction of rights on the grounds of race,
nationality, ethnic identity, sex, origin, religion, education,
opinion, political affiliation, personal or social status or property
status.
Article
7
The state shall be held liable for any damages caused by illegitimate
rulings or acts on the part of its ministries, agencies and officials.
Article
8
The power of the state shall be divided between legislative, executive
and judicial branches.
Article
9
The armed forces shall guarantee the sovereignty, security and
independence of the country and shall defend its territorial integrity.
Article
10
All elections, and national and local referendums shall be held on the
basis of universal, equal and direct suffrage by secret ballot.
Article
11
(1) Politics in the Republic of Bulgaria shall be founded on the
principle of political plurality.
(2) No political party or ideology shall be proclaimed or affirmed as a
party or ideology of the state.
(3) All parties shall facilitate the formation and expression of the
citizens' political will. The procedure applying to the formation and
dissolution of political parties and the conditions pertaining to their
activity shall be established by law.
(4) There shall be no political parties on ethnic, racial or religious
lines, nor parties which seek the violent seizure of state power.
Article
12
(1) Associations of citizens shall serve to meet and protect their
interests.
(2) Citizens' associations, including trade unions, shall not pursue
any political objectives, nor shall they involve in any political
activity which is in the domain of the political parties.
Article
13
(1) The practicing of any religion shall be unrestricted.
(2) Religious institutions shall be separate from the state.
(3) Eastern Orthodox Christianity shall be considered the traditional
religion in the Republic of Bulgaria.
(4) Religious institutions and communities, and religious beliefs shall
not be used to political ends.
Article
14
The family, motherhood and children shall enjoy the protection of the
state and society.
Article
15
The Republic of Bulgaria shall ensure the protection and reproduction
of the environment, the conservation of living Nature in all its
variety, and the sensible utilization of the country's natural and
other resources.
Article
16
Labour shall be guaranteed and protected by law.
Article
17
(1) The right to property and inheritance shall be guaranteed and
protected by law.
(2) Property shall be private and public.
(3) Private property shall be inviolable.
(4) The regime applying to the different units of state and municipal
property shall be established by law.
(5) Forcible expropriation of property in the name of state or
municipal needs shall be effected only by virtue of a law, provided
that these needs cannot be otherwise met, and after fair compensation
has been ensured in advance.
Article
18
(1) The state shall enjoy exclusive ownership rights over the
underground resources; beaches and national thoroughfares, as well as
over waters, forests and parks of national importance, and the natural
and archaeological reserves established by law.
(2) The state shall exercise sovereign rights in prospecting,
developing, utilizing, protecting and managing the continental shelf
and the exclusive off-shore economic zone, and the biological, mineral
and energy resources therein.
(3) The state shall exercise sovereign rights with respect to radio
frequencies and the geostationary orbital positions assigned by
international instruments to the Republic of Bulgaria.
(4) A state monopoly shall be establishable by law over railway
transport, the national postal and telecommunications networks, the use
of nuclear energy, the manufacturing of radioactive products, armaments
and explosive and powerful toxic substances.
(5) The conditions and procedure by which the state shall grant
concessions over units of property and licences for the activities
enumerated in the preceding two paragraphs shall be established by law.
(6) The state shall utilize and manage all the state's assets to the
benefit of citizens and society.
Article
19
(1) The economy of the Republic of Bulgaria shall be based on free
economic initiative.
(2) The state shall establish and guarantee equal legal conditions for
economic activity to all citizens and corporate entities by preventing
any abuse of a monopoly status and unfair competition, and by
protecting the consumer.*
(3) All investments and economic activity by Bulgarian and foreign
persons and corporate entities shall enjoy the protection of the law.
(4) The law shall establish conditions conducive to the setting up of
cooperatives and other forms of association of citizens and corporate
entities in the pursuit of economic and social prosperity.*
Article
20
The state shall establish conditions conducive to the balanced
development of the different regions of the country, and shall assist
the territorial bodies and activities through its fiscal, credit and
investment policies.
Article
21
(1) Land, as a chief national asset, shall enjoy particular protection
on the part of the state and society.
(2) Arable land shall be used for agricultural purposes only. Any
change in purposes shall be allowed only in exceptional circumstances,
when necessity has been proven, and on terms and by a procedure
established by a law.
Article
22*
(amend.,
SG 18/05, in force as of the date of entry into force of the Treaty
concerning the Accession of the Republic of Bulgaria to the European
Union)
(1) Foreigners and foreign legal persons may acquire property over land
under the conditions ensuing from Bulgaria's accession to the European
Union, or by virtue of an international treaty that has been ratified,
published and entered into force for the Republic of Bulgaria, as well
as through inheritance by operation of the law.
(2) The law ratifying the international treaty referred to in paragraph
1 shall be adopted by a majority of two thirds of all members of the
Parliament.
(3) The land regime shall be established by law.
* Until the date of entry into force of the Treaty concerning the
Accession of the Republic of Bulgaria to the European Union the former
provision of art. 22 shall be applied, as follows:cralaw:red
“Article 22 (1) No foreigner and foreign legal person shall acquire
ownership over land, except through inheritance by operation of the law.
Ownership thus acquired shall be duly transferred.
(2) A foreigner and foreign legal person shall be free to acquire user
rights, building rights and other real rights on terms and conditions
established by law. ”chanroblesvirtualawlibrary
Article
23
The state shall establish conditions conducive to the free development
of science, education and the arts, and shall assist that development.
It shall organize the conservation of all national monuments of history
and culture.
Article
24
(1) The Republic of Bulgaria shall conduct its foreign policy in
accordance with the principles and norms of international law.
(2) The foreign policy of the Republic of Bulgaria shall have as its
highest objective the national security and independence of the
country, the well-being and the fundamental rights and freedoms of the
Bulgarian citizens, and the promotion of a just international order.
Chapter
Two
FUNDAMENTAL
RIGHTS AND OBLIGATIONS OF CITIZENS
Article
25
(1) A Bulgarian citizen shall be anyone born of at least one parent
holding a Bulgarian citizenship, or born on the territory of the
Republic of Bulgaria, should he not be entitled to any other
citizenship by virtue of origin. Bulgarian citizen-ship shall further
be acquirable through naturalization.
(2) A person of Bulgarian origin shall acquire Bulgarian citizenship
through a facilitated procedure.
(3) No one shall be deprived of Bulgarian citizenship acquired by birth.
(4) (amend., SG 18/05) No Bulgarian citizen may be surrendered to
another state or to an international tribunal for the purposes of
criminal prosecution, unless the opposite is provided for by
international treaty that has been ratified, published and entered into
force for the Republic of Bulgaria.
(5) Any Bulgarian citizen abroad shall be accorded the protection of
the Republic of Bulgaria.
(6) The conditions and procedure for acquisition, preservation or loss
of Bulgarian citizenship shall be established by law.
Article
26
(1) Irrespective of where they are, all citizens of the Republic of
Bulgaria shall be vested with all rights and obligations proceeding
from this Constitution.
(2) Foreigners residing in the Republic of Bulgaria shall be vested
with all rights and obligations proceeding from this Constitution,
except those rights and obligations for which Bulgarian citizenship is
required under this Constitution or another law.
Article
27
(1) Foreigners residing legally in the country shall not be expelled or
extradited to another state against their will, except in compliance
with the provisions and the procedures established by law.
(2) The Republic of Bulgaria shall grant asylum to foreigners
persecuted for their opinions or activity in the defence of
internationally recognized rights and freedoms.
(3) The conditions and procedure for the granting of asylum shall be
established by law.
Article
28
Everyone shall have the right to life. Any attempt upon a human life
shall be punished as a most severe crime.
Article
29
(1) No one shall be subjected to torture or to cruel, inhuman or
degrading treatment, or to forcible assimilation.
(2) No one shall be subjected to medical, scientific or other
experimentation without their voluntary written consent.
Article
30
(1) Everyone shall be entitled to personal freedom and inviolability.
(2) No one shall be detained or subjected to inspection, search or any
other infringement of their personal inviolability except on the
conditions and in a manner established by law.
(3) The state authorities shall be free to detain a citizen only in the
urgent circumstances expressly stipulated by law, and shall immediately
advise the judicial authorities accordingly. The judicial authorities
shall rule on the legality of a detention within the next 24 hours.
(4) Everyone shall be entitled to legal counsel from the moment of
detention or from the moment of being charged.
(5) Everyone shall be entitled to meet their legal counsel in private.
The confidentiality of such communication shall be inviolable.
Article
31
(1) Anyone charged with a crime shall be brought before a court within
the time established by law.
(2) No one shall be forced to plead guilty, and no one shall be
convicted solely by virtue of confession.
(3) A defendant shall be considered innocent until proven otherwise by
a final verdict.
(4) The rights of a defendant shall not be restricted beyond what is
necessary for the purposes of a fair trial.
(5) Prisoners shall be kept in conditions conducive to the exercise of
those of their fundamental rights which are not restricted by virtue of
their sentence.
(6) Prison sentences shall be served only at the facilities established
by law.
(7) There shall be no limitation to the prosecution and the execution
of a sentence for crimes against peace and humanity.
Article
32
(1) The privacy of citizens shall be inviolable. Everyone shall be
entitled to protection against any illegal interference in their
private or family affairs and against encroachments on their honour,
dignity and reputation.
(2) No one shall be followed, photographed, filmed, recorded or
subjected to any other similar activity without their knowledge or
despite their express disapproval, except when such actions are
permitted by law.
Article
33
(1) The home shall be inviolable. No one shall enter or stay inside a
home without its occupant's consent, except in the cases expressly
stipulated by law.
(2) Entry or stay inside a home without the consent of its occupant or
without the judicial authorities' permission shall be allowed only for
the purposes of preventing an immediately impending crime or a crime in
progress, for the capture of a criminal, or in extreme necessity.
Article
34
(1) The freedom and confidentiality of correspondence and all other
communications shall be inviolable.
(2) Exceptions to this provision shall be allowed only with the
permission of the judicial authorities for the purpose of discovering
or preventing a grave crime.
Article
35
(1) Everyone shall be free to choose a place of residence and shall
have the right to freedom of movement within the country and abroad.
This right shall be restricted only by virtue of law in the name of
national security, public health, and the rights and freedoms of other
citizens.
(2) Every Bulgarian citizen shall have the right to return to the
country.
Article
36
(1) The study and use of the Bulgarian language shall be a right and an
obligation of every Bulgarian citizen.
(2) Citizens whose mother tongue is not Bulgarian shall have the right
to study and use their own language alongside the compulsory study of
Bulgarian.
(3) The situations in which only the official language shall be used
shall be established by law.
Article
37
(1) The freedom of conscience, the freedom of thought and the choice of
religion and of religious or atheistic views shall be inviolable. The
state shall assist the maintenance of tolerance and respect among the
believers from different denominations, and among believers and
non-believers.
(2) The freedom of conscience and religion shall not be practised to
the detriment of national security, public order, public health and
morals, or of the rights and freedoms of others.
Article
38
No one shall be persecuted or restricted in their rights because of
their views, nor shall be obliged or forced to provide information
about their own or another person's views.
Article
39*
(1) Everyone shall be entitled to express an opinion or to promote it
through words, written or oral, sound or image, or in any other way.
(2) This right shall not be used to the detriment of the rights and
reputation of others, or for the incitement of a forcible change of the
constitutionally established order, the perpetration of a crime, or the
incitement of enmity or violence against anyone.
Article
40*
(1) The press and the other mass media shall be free and shall not be
subjected to censorship.
(2) An injunction on or a confiscation of printed matter or another
information medium shall be allowed only through an act of the judicial
authorities in the case of an encroachment on public decency or
incitement of a forcible change of the constitutionally established
order, the perpetration of a crime, or the incitement of violence
against anyone. An injunction suspension shall lose force if not
followed by a confiscation within 24 hours.
Article
41*
(1) Everyone shall be entitled to seek, obtain and disseminate
information. This right shall not be exercised to the detriment of the
rights and reputation of others, or to the detriment of national
security, public order, public health and morality.
(2) Citizens shall be entitled to obtain information from state bodies
and agencies on any matter of legitimate interest to them which is not
a state or official secret and does not affect the rights of others.
Article
42
(1) Every citizen above the age of 18, with the exception of those
placed under judicial interdiction or serving a prison sentence, shall
be free to elect state and local authorities and vote in referendums.
(2) The organization and procedure for holding elections and
referendums shall be established by law.
(3) (new, SG 18/05) The elections for the European Parliament and the
participation of European Union citizens in the elections for local
authorities shall be regulated by law.
Article
43
(1) Citizens shall have the right to peaceful and unarmed assembly for
meetings and demonstrations.
(2) The procedure for organizing and holding meetings and
demonstrations shall be established by law.
(3) No notice to the municipal authorities shall be required for
meetings held indoors.
Article
44*
(1) Citizens shall be free to associate.
(2) No organization shall act to the detriment of the country's
sovereignty and national integrity, or the unity of the nation, nor
shall it incite racial, national, ethnic or religious enmity or an
encroachment on the rights and freedoms of citizens; no organization
shall establish clandestine or paramilitary structures or shall seek to
attain its aims through violence.
(3) The law shall establish which organizations shall be subject to
registration, the procedure for their termination, and their
relationships with the state.
Article
45
Citizens shall have the right to lodge complaints, proposals and
petitions with the state authorities.
Article
46
(1) Matrimony shall be a free union between a man and a woman. Only a
civil marriage shall be legal.
(2) Spouses shall have equal rights and obligations in matrimony and
the family.
(3) The form of a marriage, the conditions and procedure for its
conclusion and termination, and all private and material relations
between the spouses shall be established by law.
Article
47
(1) The raising and upbringing of children until they come of age shall
be a right and obligation of their parents and shall be assisted by the
state.
(2) Mothers shall be the object of special protection on the part of
the state and shall be guaranteed prenatal and postnatal maternity
leave, free obstetric care, alleviated working conditions and other
social assistance.
(3) Children born out of wedlock shall enjoy equal rights with those
born in wedlock.
(4) Abandoned children shall enjoy the protection of the state and
society.
(5) The conditions and procedure for the restriction or suspension of
parental rights shall be established by law.
Article
48
(1) Citizens shall have the right to work. The state shall take care to
provide conditions for the exercising of this right.
(2) The state shall create conditions conducive to the exercising of
the right to work by the disabled.
(3) Everyone shall be free to choose an occupation and place of work.
(4) No one shall be compelled to do forced labour.
(5) Workers and employees shall be entitled to healthy and
non-hazardous working conditions, to guaranteed minimum wage and
remuneration for the actual work performed, and to rest and leave, in
accordance with conditions and procedures established by law.
Article
49
(1) Workers and employees shall be free to form trade unions and
alliances defending their interests related to work and social security.
(2) Employers shall be free to associate in defence of their economic
interests.
Article
50
Workers and employees shall have the right to strike in defence of
their collective economic and social interests. This right shall be
exercised in accordance with conditions and procedures established by
law.
Article
51
(1) Citizens shall have the right to social insurance and welfare aid.
(2) The state shall provide social insurances to the temporarily
unemployed in accordance with conditions and procedures established by
law.
(3) The aged without relatives and unable to take care of themselves,
as well as the disabled and the people in socially disadvantaged
position shall receive special protection from the state and society.
Article
52
(1) Citizens shall have the right to health insurance guaranteeing them
affordable medical care, and to free medical care in accordance with
conditions and procedures established by law.
(2) Citizens' medical care shall be funded by the state budget, by
employers, through private and collective health-insurance schemes, and
from other sources in compliance with the law.
(3) The state shall protect the health of citizens and shall promote
the development of sports and tourism.
(4) No one shall be subjected to forcible medical treatment or sanitary
measures except in circumstances established by law.
(5) The state shall exercise control over all medical facilities and
over the production and trade in pharmaceuticals, biologically active
substances and medical equipment.
Article
53
(1) Everyone shall have the right to education.
(2) School attendance up to the age of 16 shall be compulsory.
(3) Primary and secondary education in state and municipal schools
shall be free. In circumstances established by law, the higher
educational establishments shall provide education free of charge.
(4) Higher educational establishments shall enjoy academic autonomy.
(5) Citizens and organizations shall be free to found schools in
complaince with the law. The education they provide shall meet the
requirements of the state.
(6) The state shall promote education by opening and funding schools,
by supporting clever school and university students, and by providing
opportunities for vocational training and retraining. It shall exercise
control over all kinds and levels of schooling.
Article
54
(1) Everyone shall have the right to avail themselves of the national
and universal human cultural values and to develop their own culture in
accordance with their ethnic identity, which shall be recognized and
guaranteed by the law.
(2) Artistic, scientific and technological creativity shall be
recognized and guaranteed by the law.
(3) The state shall protect all inventors' rights, copyrights and
relevant rights.
Article
55
Citizens shall have the right to a healthy and favorable environment
corresponding to established standards and norms. They shall protect
the environment.
Article
56
Everyone shall have the right to legal defence whenever their rights or
legitimate interests are violated or endangered. He shall have the
right to be accompanied by legal counsel when appearing before an
agency of the state.
Article
57
(1) The fundamental civil rights shall be irrevocable.
(2) Rights shall not be abused, nor shall they be exercised to the
detriment of the rights or the legitimate interests of others.
(3) Following a proclamation of war, martial law or a state of
emergency the exercise of individual civil rights may be temporarily
curtailed by law, except for the rights established by Article 28,
Article 29, Article 31 pars 1, 2 and 3, Article 32 para 1, and Article
37.
Article
58
(1) Citizens shall observe and apply the Constitution and the laws.
They shall respect the rights and the legitimate interests of others.
(2) Obligations established by the Constitution and the law shall not
be defaulted upon on grounds of religious or other convictions.
Article
59
(1) To defend the country shall be a duty and a matter of honour of
every Bulgarian citizen. High treason and betrayal of the country shall
be treated as crimes of utmost gravity and shall be punished with all
the severity of the law.
(2) The carrying out of military obligations, and the conditions and
procedure for exemption therefrom or for replacing them with
alternative service shall be established by law.
Article
60
(1) Citizens shall pay taxes and duties established by law
proportionately to their income and property.
(2) Any tax concession or surtax shall be established by law.
Article
61
Citizens shall assist the state and society in the case of a natural or
other disaster, on conditions and in a manner established by law.
Chapter
Three
NATIONAL ASSEMBLY
Article
62
The National Assembly shall be vested with the legislative authority
and shall exercise parliamentary control.
Article
63
The National Assembly shall consist of 240 members.
Article
64
(1) The National Assembly shall be elected for a term of four years.
(2) In case of war, armed hostilities or another state of emergency
occurring during or after the expiry of the National Assembly's term,
its mandate shall be extended until the expiry of the circumstances.
(3) Elections for a new National Assembly shall be held within two
months from the expiry of the mandate of the preceding one.
Article
65
(1) Eligible for election to the National Assembly shall be any
Bulgarian citizen who does not hold another citizenship, is above the
age of 21, is not under a judicial interdiction, and is not serving a
prison sentence.
(2) A candidate for a National Assembly seat holding a state post shall
resign upon the registration of their candidacy.
Article
66
The legitimacy of an election may be contested before the
Constitutional Court by a procedure established by law.
Article
67
(1) Members of the National Assembly shall represent not only their
constituencies but the entire nation. No Member shall be held to a
mandatory mandate.
(2) Members of the National Assembly shall act on the basis of the
Constitution and the laws and in accordance with their conscience and
convictions.
Article
68
(1) A Member of the National Assembly shall not occupy another state
post, nor shall engage in any other activity which the law defines as
incompatible with the status of a Member of the National Assembly.
(2) A Member of the National Assembly elected as a minister shall cease
to serve as a Member during their term of office as a minister. During
that period, he shall be substituted in the National Assembly in a
manner established by law.
Article
69
Members of the National Assembly shall not be held criminally liable
for their opinions or votes in the National Assembly.
Article
70
A Member of the National Assembly shall be immune from detention or
criminal prosecution except for the perpetration of a serious criminal
offence, and in such case the permission of the National Assembly or,
in between its session, of the President of the National Assembly,
shall be required. No permission shall be required when a Member is
detained in flagrante delicto; the National Assembly or, in between its
session, the President of the National Assembly, shall be notified
forthwith.
Article
71
The National Assembly shall establish the emoluments of its Members.
Article
72
(1) A Member's prerogatives shall expire before the expiry of their
term of office upon any of the following occurrences:cralaw:red
1.
resignation presented before the National Assembly;
2. entry into force of a final sentence
imposing imprisonment for an intentional criminal offence, or if the
enforcement of the imprisonment sentence has not been suspended;
3. establishment of ineligibility or
incompatibility;
4. death.
(2) Instances 1 and 2 shall require a resolution of the National
Assembly; instance 3 shall require a ruling by the Constitutional Court.
Article
73
The National Assembly shall be organized and shall act in compliance
with the Constitution and its own internal rules.
Article
74
The National Assembly shall be a permanently acting body. It shall be
free to determine its recesses.
Article
75
A newly elected National Assembly shall be convened for its first
session by the President of the Republic within a month following its
election. Should the President fail to do so, it shall be convened by
one-fifth of the Members of the National Assembly.
Article
76
(1) The first session of the National Assembly shall be opened by the
senior present Member.
(2) At the first session the Members shall swear the following oath: "I
swear in the name of the Republic of Bulgaria to observe the
Constitution and the laws of the country and in all my actions to be
guided by the interests of the people. I have sworn."
(3) The National Assembly shall elect at the same session its President
and Vice Presidents.
Article
77
(1) The President of the National Assembly shall:cralaw:red
1.
represent the National Assembly;
2. propose the agenda for each session;
3. open, chair and close the sessions of
the National Assembly and maintain orderly proceedings;
4. attest by their signature the contents
of the acts passed by the National Assembly;
5. promulgate all resolutions, declarations
and addresses passed by the National Assembly;
6. organize the National Assembly's
international contacts.
(2) The Vice President of the National Assembly shall assist the
President and carry out any activities devolved by him.
Article
78
The National Assembly shall be convened for its sessions by its
President:cralaw:red
1. on their own initiative;
2. at the request of one-fifth of its members;
3. at the request of the President;
4. at the request of the Council of Ministers.
Article
79
(1) The National Assembly shall elect standing and ad hoc committees
from among its Members.
(2) The standing committees shall aid the work of the National Assembly
and shall exercise parliamentary control on its behalf.
(3) Ad hoc committees shall be elected to conduct inquiries and
investigations.
Article
80
Any official or citizen subpoenaed by a parliamentary commission shall
be obligated to testify and present any required documents.
Article
81
(1) The National Assembly shall be free to hold a session and pass
resolutions when more than half of its Members are present.
(2) The National Assembly shall pass laws and other regulations by a
majority of more than one-half of the present Members, except when a
qualified majority is required under the Constitution.
(3) Voting shall be personal and open, except when the Constitution
requires or the National Assembly decides on a secret ballot.
Article
82
Sessions of the National Assembly shall be public. The National
Assembly may by exception resolve to hold some sessions behind closed
doors.
Article
83
(1) Ministers shall be free to attend the sessions of the National
Assembly and the parliamentary committees. They shall be given priority
in addressing the Members.
(2) The National Assembly and the parliamentary committees shall be
free to order ministers to attend their sessions and respond to
questions.
Article
84*
The National Assembly shall:cralaw:red
1.
pass, amend, and rescind laws;
2. pass the state budget bill and the
budget report;
3. establish taxes and their size;
4. schedule the elections for a President
of the Republic;
5. resolve on the holding of a national
referendum;
6. elect and remove the Prime Minister and,
on their motion, the members of the Council of Ministers; effect
changes in the government on a motion from the Prime Minister;
7. create, transform and close down
ministries on a motion from the Prime Minister;
8. elect and remove the Governor of the
Bulgarian National Bank and the heads of other institutions established
by law;
9. approve state loan agreements;
10. resolve on the declaration of war and
conclusion of peace;
11. approve any deployment and use of
Bulgarian armed forces outside the country's borders, and the
deployment of foreign troops on the territory of the country or their
crossing of that territory;
12. on a motion from the President or the
Council of Ministers, introduce martial law or a state of emergency on
all or part of the country's territory;
13. grant amnesty;
14. institute orders and medals;
15. establish the public holidays.
Article
85
(1) The National Assembly shall ratify or denounce by law all
international instruments which:cralaw:red
1. are
of a political or military nature;
2. concern the Republic of Bulgaria's
participation in international organizations;
3. envisage corrections to the borders of
the Republic of Bulgaria;
4. contain obligations for the treasury;
5. envisage the state's participation in
international arbitration or legal proceedings;
6. concern fundamental human rights;
7. affect the action of the law or require
new legislation in order to be enforced;
8. expressly require ratification;
9. (new, SG 18/05) confer to the European
Union powers ensuing from this Constitution.
(2) (new, SG 18/05) The law ratifying the
international treaty referred to in paragraph 1, point 9 shall be
adopted by a majority of two thirds of all members of the Parliament.
(3) (former para. 2, SG 18/05) Treaties ratified by the National
Assembly may be amended or denounced only by their built-in procedure
or in accordance with the universally acknowledged norms of
international law.
(4) (former para. 3, SG 18/05) The conclusion of an international
treaty requiring an amendment to the Constitution shall be preceded by
the passage of such an amendment.
Article
86
(1) The National Assembly shall pass laws, decisions, declarations and
addresses.
(2) The laws and decisions passed by the National Assembly shall be
binding on all state bodies, all organizations and all citizens.
Article
87
(1) Any Member of the National Assembly or the Council of Ministers
shall have the right to put forward a bill.
(2) The State Budget Bill shall be drawn up and submitted by the
Council of Ministers.
Article
88
(1) Bills shall be read and voted upon twice, at different sessions. By
way of exception, the National Assembly may resolve to hold both
ballots during a single session.
(2) All other regulations of the National Assembly shall re-quire a
single ballot.
(3) Each adopted regulations shall be promulgated in the State Gazette
within 15 days of its adoption.
Article
89
(1) A vote of no confidence in the Council of Ministers shall require
seconding by at least one-fifth of the Members of the National
Assembly. To be passed, the vote shall require a majority of more than
half of the votes of all MPs.
(2) Should the National Assembly’s vote of no confidence against the
Prime Minister or the Council of Ministers pass, the Prime Minister
shall hand in his/her government's resignation.
(3) Should the National Assembly reject a vote of no confidence in the
Council of Ministers, the next vote of no confidence on the same
grounds shall not be made within six months.
Article
90
(1) Members of the National Assembly shall have the right to address
questions and interpellations to the Council of Ministers and to
individual ministers, who shall be obligated to respond.
(2) A motion by one-fifth of the Members of the National Assembly shall
be required to turn an interpellation into a debate on which a
resolution shall be passed.
Article
91
(1) The National Assembly shall establish the National Audit Office to
control the implementation of the budget.
(2) The organization, authority and procedures by which the National
Audit Office shall act shall be established by law.
Chapter
Four
PRESIDENT OF THE REPUBLIC
Article
92
(1)* The President shall be the head of state. He shall embody the
unity of the nation and shall represent the state in its international
relations.
(2) The President shall be assisted in his/her actions by a Vice
President.
Article
93
(1) The President shall be elected directly by voters for a period of
five years by a procedure established by law.
(2)** Eligible for President shall be any natural-born Bulgarian
citizen over 40 years of age and qualified to be elected to the
National Assembly, who has resided in the country for the five years
preceding the election.
(3) To be elected, a candidate shall require more than one-half of the
valid ballots, provided that more than half of all eligible voters have
cast their ballots at the election.
(4) Should none of the candidates for President be elected, a second
round shall be held within seven days between the two top candidates.
The winner shall be the candidate who wins the majority of the vote.
(5) Presidential elections shall be held not earlier than three months
and not later than two months before the expiry of the term of office
of the incumbent President.
(6) The Constitutional Court shall rule upon any challenge to the
legality of presidential elections no later than one month after the
election.
Article
94
The Vice President shall be elected at the same time and on the same
ballot as the President, under the same conditions and by the same
procedure.
Article
95
(1) The President and the Vice President shall be eligible for only one
re-election to the same office.
(2) The President and the Vice President shall not serve as Members of
the National Assembly or in any other state, public or economic
activity, nor shall they participate in the leadership of any political
party.
Article
96
The President and the Vice President shall swear before the National
Assembly the oath established under Article 76 para 2.
Article
97
(1) The President's or Vice President's authority shall expire before
the expiry of his/her term of office upon any of the following
occurrences:cralaw:red
1.
resignation submitted before the Constitutional Court;
2. permanent de facto inability to perform
his/her duties caused by grave illness;
3. pursuant to Article 103.
4. death;
(2) In instances 1 and 2, the prerogatives of the President or Vice
President shall be suspended upon the Constitutional Court's
establishing the existence of the respective circumstances;chanroblesvirtualawlibrary
(3) In instance 1, the Vice President shall assume the duties of the
President until the expiry of the term of office.
(4) Should the Vice President be incapable of assuming the President's
duties, the President's prerogatives shall be assumed by the Chairman
of the National Assembly until the election of a new President and Vice
President. Elections for President and Vice President shall then be
held within two months.
Article
98
The President of the Republic shall:cralaw:red
1.
schedule the elections for a National Assembly and for the bodies of
local government and shall set the date for national referendums
pursuant to a resolution of the National Assembly;
2. address the nation and the National
Assembly;
3. conclude international treaties in the
circumstances established by the law;
4. promulgate laws;
5. on a motion from the Council of
Ministers, determine the borders of the administrative territorial
units and their centers;
6. on a motion from the Council of
Ministers, appoint and remove the heads of the Republic of Bulgaria's
diplomatic and permanent missions at international organizations, and
receive the credentials and the letters of recall of the foreign
diplomatic representatives to this country;
7. appoint and remove from office other
state officials, established by law;
8. award orders and medals;
9. grant, restore, relieve from and
withdraw Bulgarian citizenship;
10. grant asylum;
11. exercise the right to pardon.
12. cancel uncollectible debts to the state;
13. name landmarks and communities of
national importance;
14. inform the National Assembly on basic
problems within his/her prerogatives.
Article
99
(1) Following consultations with the parliamentary groups, the
President shall appoint the Prime Minister-designate nominated by the
party holding the highest number of seats at the National Assembly to
form a government.
(2) Should the Prime Minister-designate fail to form a government
within seven days, the President shall entrust this task to a Prime
Minister-designate nominated by the second largest parliamentary group.
(3) Should the new Prime Minister-designate also fail to form a
government within the period established by the preceding paragraph,
the President shall entrust the task to a Prime Minister-designate
nominated by one of the minor parliamentary groups.
(4) Should the consultations prove successful, the President shall ask
the National Assembly to elect the Prime Minister-designate.
(5) Should no agreement on the formation of a government be reached,
the President shall appoint a caretaker government, dissolve the
National Assembly and schedule new elections within the period
established by Article 64 para 3. The President's act on the
dissolution of the National Assembly shall also establish the date of
the new general elections.
(6) The procedure for forming a government established by the preceding
paragraphs shall further apply in the instances envisaged by
Article 111 para 1.
(7) In the instances established by pars 5 and 6, the President shall
not dissolve the National Assembly during the last three months of
his/her term of office. Should Parliament fail to form a government
within the established period, the President shall appoint a caretaker
government.
Article
100
(1) The President shall be the Supreme Commander in Chief of the Armed
Forces of the Republic of Bulgaria.
(2) The President shall appoint and remove the higher command of the
Armed Forces and shall bestow all higher military ranks on a motion
from the Council of Ministers.
(3) The President shall preside over the Consultative National Security
Council, the status of which shall be established by law.
(4) The President shall proclaim general or partial mobilization on a
motion from the Council of Ministers in complaince with the law.
(5) The President shall proclaim a state of war in the case of an armed
attack against Bulgaria or whenever urgent actions are required by
virtue of an international commitment, or shall proclaim martial law or
any other state of emergency whenever the National Assembly is not in
session and cannot be convened. The National Assembly shall then be
convened forthwith to endorse the decision.
Article
101
(1) Within the term established by Article 88 para 3, the President
shall be free to return a bill together with his/her motives to the
National Assembly for further debate, which shall not be refused.
(2) The new adoption of such a bill shall require a majority of more
than half of all Members of the National Assembly.
(3) Following a new adoption of the bill by the National Assembly, the
President shall promulgate it within seven days following its receipt.
Article
102
(1) Within the prerogatives vested in him/her, the President shall
issue decrees, addresses and messages.
(2) The President's decrees shall be countersigned by the Prime
Minister or the minister concerned.
(3)* No countersigning shall be required for decrees pertaining to:cralaw:red
1. the
appointment of a caretaker government;
2. the appointment of a Prime
Minister-designate;
3. dissolution of the National Assembly;
4. return of a bill to the National
Assembly for further debate;
5. the organization and manner of action of
the offices of the Presidency and the appointment of their staff;
6. the scheduling of an election or
referendum;
7. the promulgation of law.
Article
103
(1) The President and the Vice President shall not be held liable for
actions committed in the performance of their duties, except for high
treason, or a violation of the Constitution.
(2) An impeachment shall require a motion from no fewer than one
quarter of all Members of the National Assembly and shall stand if
supported by more than two-thirds of the Members.
(3) An impeachment against the President or Vice President shall be
tried by the Constitutional Court within a month following the lodging
of the impeachment. Should the Constitutional Court convict the
President or Vice President of high treason, or of a violation of the
Constitution, the President's or Vice President's prerogatives shall be
suspended.
(4) No one shall place the President or the Vice President under
detention, nor shall initiate criminal proceedings against them.
Article
104
The President shall be free to delegate to the Vice President the
prerogatives established under Article 98 points 7, 9, 10 and 11. chanroblesvirtualawlibrary
Chapter
Five
COUNCIL OF MINISTERS
Article
105
(1) The Council of Ministers shall head the implementation of the
state's domestic and foreign policy.
(2) The Council of Ministers shall ensure the public order and national
security and shall exercise overall supervision over the state
administration and the Armed Forces.
(3) (new, SG 18/05) The Council of Ministers shall inform the National
Assembly on issues concerning the commitments of the Republic of
Bulgaria resulting from its membership in the European Union.
(4) (new, SG 18/05) When participating in the drafting and adoption of
European Union instruments, the Council of Ministers shall inform the
National Assembly in advance, and shall give detailed account for its
actions.
Article
106
The Council of Ministers shall manage the implementation of the state
budget; organize the management of the state's assets; conclude,
confirm or denounce international treaties when authorized to do so by
law.
Article
107
The Council of Ministers shall rescind any illegitimate or improper act
issued by a minister.
Article
108
(1) The Council of Ministers shall consist of Prime Minister, Deputy
Prime Ministers and ministers.
(2) The Prime Minister shall head, coordinate and bear responsibility
for the government’s overall policy. He/she shall appoint and remove
the deputy ministers.
(3) Each member of the Council of Ministers shall head a ministry,
except when the National Assembly resolves otherwise. Each minister
shall account for his/her own activity.
Article
109
The members of the Council of Ministers shall swear before the National
Assembly the oath established by Article 76 para 2.
Article
110
Eligible for election to the Council of Ministers shall be any
Bulgarian citizen qualified to be elected at the National Assembly.
Article
111
(1) The authority of the Council of Ministers shall expire upon any of
the following occurrences:cralaw:red
1. a
vote of no confidence in the Council of Ministers or the Prime Minister;
2. the resignation of the Council of
Ministers or the Prime Minister;
3. death of the Prime Minister.
(2) The Council of Ministers shall hand in its resignation before the
newly elected National Assembly.
(3) Should any of the above occur, the Council of Ministers shall
continue to act until the election of a new Council of Ministers.
Article
112
(1) The Council of Ministers shall be free to ask for the National
Assembly's vote of confidence in its overall policy, its programme
declaration, or on a specific issue. A resolution shall require a
majority of more than half of the votes of the National Assembly
Members present.
(2) Should the Council of Ministers fail to receive the requested vote
of confidence, the Prime Minister shall hand in the government's
resignation.
Article
113
(1) A member of the Council of Ministers shall not hold a post or
engage in any activity incompatible with the status of a Member of the
National Assembly.
(2) The National Assembly shall be free to determine any other post or
activity which a member of the Council of Ministers shall not hold or
engage in.
Article
114
Pursuant to and in implementation of the laws, the Council of Ministers
shall adopt decrees, ordinances and decisions. The Council of Ministers
shall promulgate rules and regulations by decree.
Article
115
The ministers shall issue rules, regulations, instructions and orders.
Article
116
(1) Civil servants shall be the executors of the nation's will and
interests. In the performance of their duty they shall be guided solely
by the law and shall be politically neutral.
(2) The conditions for the appointment and removal of civil servants
and the conditions on which they shall be free to belong to political
parties and trade unions, as well as to exercise their right to strike
shall be established by law. chanroblesvirtualawlibrary
Chapter
Six
THE JUDICIARY
Article
117
(1) The judiciary shall protect the rights and legitimate interests of
all citizens, legal entities and the state.
(2) The judiciary shall be independent. In the performance of its
functions, all judges, court jury, prosecutors and investigating
magistrates shall be subservient only to the law.
(3) The judiciary shall have an independent budget.
Article
118
All judicial power shall be exercised in the name of the people.
Article
119
(1) Justice shall be administered by the Supreme Court of Cassation,
the Supreme Administrative Court, courts of appeal, regional courts,
courts-martial and district courts.
(2) Specialized courts may be set up by virtue of law.
(3) There shall be no extraordinary courts.
Article
120
(1) The courts shall supervise the law compliance of the regulations
and actions of the administrative bodies.
(2) Citizens and legal entities shall be free to contest any
administrative regulation which affects them, except those listed
expressly by the laws.*
Article
121
(1) The courts shall ensure equality and equal conditions for
competition of the parties in the judicial trial.
(2) Judicial proceedings shall ensure the establishment of truth.
(3) All courts shall conduct their hearings in public, unless provided
otherwise by law.
(4) All court rulings shall be motivated.
Article
122
(1) Citizens and legal entities shall have the right to legal counsel
at all stages of a trial.
(2) The procedure by which the right to legal counsel shall be
practiced shall be established by law.
Article
123
The jury shall participate in the trial in certain cases established by
law.
Article
124
The Supreme Court of Cassation shall exercise supreme judicial
oversight as to the precise and equal application of the law by all
courts.
Article
125
(1) The Supreme Administrative Court shall exercise supreme judicial
oversight as to the precise and equal application of the law in
administrative justice.
(2) The Supreme Administrative Court shall rule on all challenges to
the law compliance of acts of the Council of Ministers and individual
ministers, and of other acts established by law.
Article
126
(1) The structure of the prosecutors' office shall correspond to that
of the courts.
(2) The Chief Prosecutor shall oversee the legality and provide
methodological supervision to all other prosecutors.
Article
127
The Prosecutor's Office shall ensure that law compliance is observed:cralaw:red
1. by bringing charges against criminal suspects and supporting the
charges in common criminal trials;chanroblesvirtualawlibrary
2. by overseeing the enforcement of penalties and other measures of
compulsion;chanroblesvirtualawlibrary
3. by acting for the rescission of all illegitimate acts;chanroblesvirtualawlibrary
4. by taking part in civil and administrative suits whenever required
to do so by law.
Article
128
The investigating bodies shall be within the system of the judiciary.
They shall perform the preliminary investigation in criminal cases.
Article
129
(1) Judges, prosecutors and investigating magistrates shall be
appointed, promoted, demoted, transferred and removed from office by
the Supreme Judicial Council.
(2) The Chairman of the Supreme Court of Cassation, the Chairman of the
Supreme Administrative Court and the Chief Prosecutor shall be
appointed and removed by the President of the Republic on a motion from
the Supreme Judicial Council for a period of seven years, and shall not
be eligible for a second term in office. The President shall not deny
an appointment or removal on a repeated motion.
(3) (amend., SG 85/03) Having completed a five year term of office as a
judge, prosecutor or investigating magistrate, and upon attestation,
followed by a decision of the Supreme Judicial Council, the judges,
prosecutors and investigating magistrates shall become irremovable.
They, including the persons referred to in paragraph 2, shall be
removed from office only upon:cralaw:red
1.completion
of 65 years of age;
2.resignation;
3.entry into force of a final sentence imposing imprisonment for an
intentional criminal offence;
4.permanent de facto inability to perform their duties for more than a
year;
5.serious infringement or systematic neglect of their official duties,
as well as actions undermining the prestige of the Judiciary.
(4) (new, SG 85/03) In cases of removal from office under paragraph 3,
point 2 and 4, the acquired irremovably shall be restored upon
subsequent appointment to the office of a judge, prosecutor or
investigating magistrate.
(5) (new, SG 85/03, in force from January 1, 2004) The heads of the
judicial bodies, except for those referred to in paragraph 2, shall be
appointed for a period of 5 years and are eligible for a second mandate.
Article
130
(1) The Supreme Judicial Council shall consist of 25 members. Sitting
on it ex officio shall be the Chairman of the Supreme Court of
Cassation, the Chairman of the Supreme Adminis-trative Court and the
Chief Prosecutor.
(2) Eligible for election to the Supreme Judicial Council besides its
ex officio members shall be practising lawyers of high professional and
moral integrity with at least 15 years of professional experience.
(3) Eleven of the members of the Supreme Judicial Council shall be
elected by the National Assembly, and eleven shall be elected by the
bodies of the judiciary.
(4) The elected members of the Supreme Judicial Council shall serve
terms of five years. They shall not be eligible for immediate
re-election.
(5) The meetings of the Supreme Judicial Council shall be chaired by
the Minister of Justice, who shall not be entitled to a vote.
Article
131
(amend., SG 85/03) Any resolution of the Supreme Judicial Council to
appoint, promote, demote, transfer or remove a judge, prosecutor or
investigating magistrate, for giving permission under Article 132,
paragraphs 2 and 3, as well as the proposals under Article 129,
paragraph 2, shall be passed by a secret ballot.
Article
132
(amend., SG 85/03) (1) When exercising the judicial function, the
judges, prosecutors and investigating magistrates shall bear no civil
or criminal liability for their official actions or for the acts
rendered by them, except where the act performed constitutes an
indictable intentional criminal offence.
(2) In cases under paragraph 1, accusation cannot be brought against a
judge, prosecutor or investigating magistrate without the permission of
the Supreme Judicial Council.
(3) Judges, prosecutors and investigating magistrates cannot be
detained, save for serious criminal offence, and only with the
permission of the Supreme Judicial Council. Such permission shall not
be necessary in case of flagrante delicto.
(4) The permission under paragraphs 2 and 3 shall be asked for by a
reasoned request from the Prosecutor General or by at least one fifth
of the members of the Supreme Judicial Council.
Article
133
The organization and the activity of the Supreme Judicial Council, of
the courts, the prosecution and the investigation, the status of the
judges, prosecutors and investigating magistrates, the conditions and
the procedure for the appointment and removal from office of judges,
court assessors, prosecutors and investigating magistrates and the
materialization of their liability shall be established by law.
Article
134
(1) The bar shall be free, independent and autonomous. It shall assist
citizens and juridical persons in the defence of their rights and
legitimate interests.
(2) The organization and manner of activity of the bar shall be
established by law. chanroblesvirtualawlibrary
Chapter
Seven
LOCAL GOVERNMENT AND LOCAL ADMINISTRATION
Article
135
(1) The territory of the Republic of Bulgaria shall be divided into
municipalities and distircts. The territorial division and the
prerogatives of the capital city and the other major cities shall be
established by law.
(2) Other administrative territorial units and bodies of government
shall be establishable by law.
Article
136
(1) A municipality shall be the basic administrative territorial unit
at the level of which self-government shall be practiced. Citizens
shall participate in the government of the municipality both through
their elected bodies of local government and directly, through a
referendum or a general meeting of the populace.
(2) The borders of a municipality shall be established following a
referendum of the population.
(3) A municipality shall be a legal entity.
Article
137
(1) Municipalities shall be free to associate in the solution of common
matters.
(2) The law shall establish conditions conducive to association among
municipalities.
Article
138
The body of local government within a municipality shall be a municipal
council elected directly by the population for a term of four years by
a procedure established by law.
Article
139
(1) The mayor shall be the body of executive power within a
municipality. He shall be elected by the populace or by the municipal
council for a term of four years by a procedure established by law.
(2) In his/her activity the mayor shall be guided by the law, the acts
of the municipal council and the decisions of the populace.
Article
140
A municipality shall be entitled to own municipal property, which it
shall use for the benefit of the community.
Article
141
(1) A municipality shall have its own budget.
(2) A municipality's permanent sources of revenue shall be established
by law.
(3) The state shall ensure the normal work of the municipalities
through budget appropriations and other means.
Article
142
A district shall be an administrative territorial unit entrusted with
the conduct of a district policy, the implementation of state
government on a local level, and the ensuring of harmony of national
and local interests.
Article
143
(1) Each district shall be governed by a district governor aided by a
distirct administration.
(2) The district governor shall be appointed by the Council of
Ministers.
(3) The distirct governor shall ensure the implementation of the
state's policy, the protection of the national interests, law and
public order, and shall exercise administrative control.
Article
144
The central bodies of state and their local representatives shall
exercise control over the law compliance of the regulations of the
bodies of local government only when delegated to do so by law.
Article
145
The municipal council shall be free to challenge before a court any act
which encroaches on its rights.
Article
146
The organization and the procedures of the bodies of local government
and local administration shall be established by law. chanroblesvirtualawlibrary
Chapter
Eight
CONSTITUTIONAL COURT
Article
147
(1) The Constitutional Court shall consist of 12 judges, one-third of
whom shall be elected by the National Assembly, one-third shall be
appointed by the President, and one-third shall be elected by a joint
meeting of the judges of the Supreme Court of Cassation and the Supreme
Administrative Court.
(2) The judges of the Constitutional Court shall be elected or
appointed for a period of nine years and shall not be eligible for
re-election or re-appointment. The make-up of the Constitutional Court
shall be renewed every three years from each quota, in a rotation order
established by law.
(3) The judges of the Constitutional Court shall be lawyers of high
professional and moral integrity and with at least fifteen years of
professional experience.
(4) The judges of the Constitutional Court shall elect by secret ballot
a Chairman of the Court for a period of three years.
(5) The status of a judge of the Constitutional Court shall be
incompatible with a representative mandate, or any state or public
post, or membership in a political party or trade union, or with the
practicing of a free, commercial, or any other paid occupation.
(6) A judge of the Constitutional Court shall enjoy the same immunity
as a Member of the National Assembly.
Article
148
(1) The mandate of a judge of the Constitutional Court shall expire
upon any of the following occurrences:cralaw:red
1. the
expiry of the term of office;
2. resignation submitted before the
Constitutional Court;
3. entry into force of a final sentence
imposing imprisonment for an intentional criminal offence;
4. permanent de facto inability to perform
his/her duties for more than a year;
5. incompatibility with an office or
activity referred to in Article 147 § 5.
6. death.
(2) The Constitutional Court shall lift the immunity of a judge or
establish his/her de facto inability to perform his/her duties by a
secret ballot requiring a majority of at least two-thirds of the votes
of all justices.
(3) Where the mandate of a Constitutional judge is terminated, a new
judge from the same quota shall be appointed or elected within one
month.
Article
149
(1) The Constitutional Court shall:cralaw:red
1.
provide binding interpretations of the Constitution;
2. rule on challenges to the
constitutionality of the laws and other acts passed by the National
Assembly and the acts of the President;
3. rule on competence suits between the
National Assembly, the President and the Council of Ministers, and
between the bodies of local self-government and the central executive
branch of government;
4. rule on the compatibility between the
Constitution and the international instruments concluded by the
Republic of Bulgaria prior to their ratification, and on the
compatibility of domestic laws with the universally recognized norms of
international law and the international instruments to which Bulgaria
is a party;
5. rule on challenges to the
constitutionality of political parties and associations;
6. rule on challenges to the legality of
the election of the President and Vice President;
7. rule on challenges to the legality of an
election of a Member of the National Assembly;
8. rule on impeachments by the National
Assembly against the President or the Vice President.
(2) No authority of the Constitutional Court shall be vested or
suspended by law.
Article
150
(1) The Constitutional Court shall act on an initiative from not fewer
than one-fifth of all Members of the National Assembly, the President,
the Council of Ministers, the Supreme Court of Cassation, the Supreme
Administrative Court or the Chief Prosecutor. A challenge to competence
pursuant to para 1 subpara 3 of the preceding Article may further be
filed by a municipal council.
(2) Should it find a discrepancy between law and the Constitution, the
Supreme Court of Cassation or the Supreme Administrative Court shall
suspend the proceedings on a case and shall refer the matter to the
Constitutional Court.
Article
151
(1) A ruling of the Constitutional Court shall require a majority of
more than half of the votes of all judges.
(2) Rulings of the Constitutional Court shall be promulgated in State
Gazette within 15 days from the date on which they are issued. A ruling
shall come into force three days after its promulgation. Any act found
to be unconstitutional shall cease to apply as of the date on which the
ruling shall come into force.
(3) Any portion of a law which is not ruled unconstitutional shall
remain in force.
Article
152
The organization and the manner of proceeding of the Constitutional
Court shall be established by law. chanroblesvirtualawlibrary
Chapter
Nine
AMENDMENTS TO THE CONSTITUTION
ADOPTION OF A NEW CONSTITUTION
Article
153
The National Assembly shall be free to amend all provisions of the
Constitution except those within the prerogatives of the Grand National
Assembly.
Article
154
(1) The initiative to introduce a constitutional amendment bill shall
belong to one quarter of the Members of the National Assembly and to
the President.
(2) An amendment bill shall be debated by the National Assembly not
earlier than one month and not later than three months from the date on
which it is introduced.
Article
155
(1) A constitutional amendment shall require a majority of three
quarters of the votes of all Members of the National Assembly in three
ballots on three different days.
(2) A bill which has received less than three quarters but more than
two-thirds of the votes of all Members shall be eligible for
reintroduction after not fewer than two months and not more than five
months. To be passed at this new reading, the bill shall require a
majority of two-thirds of the votes of all Members.
Article
156
An amendment to the Constitution shall be signed and promulgated in the
State Gazette by the President of the Grand National Assembly within
seven days of its adoption.
Article
157
A Grand National Assembly shall consist of 400 Members elected by the
generally established procedure.
Article
158
A Grand National Assembly shall:cralaw:red
1.
adopt a new Constitution;
2. resolve on any changes in the territory
of the Republic of Bulgaria and ratify any international instrument
envisaging such a change.
3. resolve on any changes in the form of
state structure or form of government;
4. resolve on any amendment to Article 5
pars 2 and 4 and Article 57 pars 1 and 3 of this Constitution;
5. resolve on any amendment to Chapter Nine
of the Constitution.
Article
159
(1) Only the President or at least half of the Members of the Grand
National Assembly have the right to introduce an amendment bill
pursuant to the preceding Article.
(2) The draft of a new constitution or a proposed amendment to the
existing Constitution, and any bill to introduce a change in the
territory of the country pursuant to Article 158 shall be debated by
the National Assembly not earlier than two months and not later than
five months from the date on which it is introduced.
Article
160
(1) A resolution by the National Assembly announcing elections for a
Grand National Assembly shall require a majority of two-thirds of the
votes of all Members.
(2) The President shall schedule the elections for a Grand National
Assembly within three months of the National Assembly's resolution
being passed.
(3) The mandate of the National Assembly shall expire with the holding
of the elections for a Grand National Assembly.
Article
161
To pass a bill, the Grand National Assembly shall re-quire a majority
of two thirds of the votes of all Members, in three ballots on three
different days.
Article
162
(1) A Grand National Assembly shall resolve only on the constitutional
amendment bills for which it has been elected.
(2) In an emergency, a Grand National Assembly shall further perform
the functions of a National Assembly.
(3) The prerogatives of a Grand National Assembly shall expire after it
resolves on all matters for which it has been elected. The President
shall then schedule elections by a procedure established by law.
Article
163
An Act of the Grand National Assembly shall be signed and promulgated
in State Gazette by the Assembly's Chairman within seven days of it
being passed. chanroblesvirtualawlibrary
Chapter
Ten
COAT OF ARMS, SEAL, FLAG, ANTHEM, CAPITAL
Article
164
The coat of arms of the Republic of Bulgaria shall depict a gold lion
rampant on a dark gules shield.*
Article
165
The state seal shall depict the coat of arms of the Republic of
Bulgaria.
Article
166
The flag of the Republic of Bulgaria shall be a tricolor: white, green,
and red from top downward, placed horizontally.
Article
167
The rules for the placing of the state seal and the raising of the
national flag shall be established by law.
Article
168
The National Anthem of the Republic of Bulgaria shall be the song "Mila
Rodino".
Article
169
The Republic of Bulgaria shall have for its capital the City of Sofia.
TRANSITIONAL
AND CONCLUDING PROVISIONS
§ 1. (1) The Grand National Assembly
shall dissolve itself after the adoption of the Constitution.
(2) The Grand National Assembly shall continue to function as a
National Assembly until the election of a new National Assembly. Within
this term, it shall pass bills for the election of a new National
Assembly, a President, bodies of local self-government, and other
bills. The Constitutional Court and the Supreme Judicial Council shall
be established within the same term.
(3) The Members of the National Assembly, the President, the Vice
President and the members of the Council of Ministers shall swear the
oath established by this Constitution at the first session of the
National Assembly following the coming into force of this Constitution.
§ 2. Pending the election of a Supreme Court of Cassation and a
Supreme Administrative Court, their prerogatives pursuant to Article
130 para 3 and Article 147 para 1 of the Constitution shall be
exercised by the Supreme Court of the Republic of Bulgaria.
§ 3. (1) The provisions of the existing laws shall be applicable
on condition that they do not contravene the Constitution.*
(2) Within a year from this Constitution's coming into force, the
National Assembly shall rescind those provisions of the existing laws
which have not been rescinded by virtue of the direct force of the
Constitution pursuant to its Article 5 para 2.
(3) The laws required expressly by this Constitution shall be passed by
the National Assembly within three years.
§ 4. The organization of the judiciary established by the
Constitution shall come into force following the passing of the new
structural and procedural laws within the term established by para 2 of
Clause 3.
§ 5. Judges, prosecutors and investigating magistrates shall
become irremovable if within three months of its formation the Supreme
Judicial Council does not rule that they lack the necessary
professional merits.
§ 6. Pending the passing of new legislation concerning Bulgarian
National Television, Bulgarian National Radio and the Bulgarian News
Agency, the National Assembly shall practise the prerogatives vested in
the Grand National Assembly with respect to these national institutions.
§ 7. (1) Elections for a National Assembly and bodies of local
self-government shall be held within three months of the
self-dissolution of the Grand National Assembly. The date of the
elections shall be scheduled by the President in accordance with
his/her prerogatives pursuant to Article 98 subparagraph 1 of the
Constitution.
(2) The elections for a President and a Vice President shall be held
within three months after the elections for a National Assembly.
(3) Pending the election of a President and a Vice President, their
functions established by this Constitution shall be performed by the
Chairman (President) and the Vice Chairman (Vice President).
§ 8. The government shall continue to perform its functions
pursuant to this Constitution until the formation of a new government.
§ 9. This Constitution shall enter into force on the day on which
it is promulgated in State Gazette by the Chairman of the Grand
National Assembly, and shall supersede the Constitution of the Republic
of Bulgaria adopted on May 18th, 1971 (Promulgated in State Gazette No
39/1971; amended in SG Nos. 6/1990, 29/1990, 87/1990, 94/1990, 98/1990,
corrected in SG No. 98/1990).
This Constitution was submitted to a vote and duly adopted by the Grand
National Assembly on July 12th, 1991.
TRANSITIONAL
AND CONCLUDING PROVISIONS(SG 85/03)
§ 4. (1) Within three months of the entry into force of the Law
amending and supplementing the Constitution of the Republic of
Bulgaria, the National Assembly shall adopt the laws connected with the
implementation of these amendments and supplements.
(2) Within three months of the entry into force of § 1, point 3,
the Supreme Judicial Council shall appoint the heads of administration
of judicial bodies.
§ 5. The heads of the judicial bodies who, until the entry into
force of this Law, have occupied the respective administrative position
for more than 5 years, may be appointed to the same position for only
one more mandate.
§ 6. The judges, prosecutors and investigating magistrates who by
the time of entry into force of this Law have not completed the 3-year
term of office on the respective position, shall become irremovable
under the terms of § 1, point 1 of this Law.
§ 7. § 1, point 3 shall enter into force as of 1 January 2004.
The law was adopted by the 39th National Assembly on September 24, 2003
and was affixed with the official seal of the National Assembly.
FINAL
PROVISION(SG 18/05)
§ 7. Paragraph 2 shall enter into force as of the date of entry
into force of the Treaty concerning the Accession of the Republic of
Bulgaria to the European Union and shall not apply to international
treaties found.
|