Bulgaria - Constitution
Adopted on: 12 July 1991
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{ ICL Document Status:
12 July 1991 }
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 liberty, peace, humanism, equality, justice and tolerance; by elevating as the uppermost principle the rights, dignity and security of the individual; in awareness of our irrevocable duty to guard the national and state integrity of Bulgaria, hereby promulgate our resolve to create a democratic, law-governed and social state, by establishing this Constitution..
Chapter One Fundamental Principles
Article
1 [State]
(1) Bulgaria is 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 [Territorial Integrity]
(1) The Republic of Bulgaria
is an integral state with local self-government. No autonomous territorial
formations shall exist.
(2) The territorial integrity
of the Republic of Bulgaria is inviolable.
Article
3 [Language]
Bulgarian is the official
language of the Republic.
Article
4 [Rule of Law, Human Rights]
(1) The Republic of Bulgaria
is a law-governed state. It is 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
the civil society.
Article
5 [Supreme Law]
(1) The Constitution is
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 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 [Human Dignity, Freedom, Equality]
(1) All persons are born
free. and equal in dignity
(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 self-identity, sex, origin,
religion, education, opinion, political affiliation, personal or social
status, or property status.
Article
7 [State Liability]
The state shall be held
liable for any damages caused by illegitimate rulings or acts on the part
of its agencies and officials.
Article
8 [Three Powers]
The power of the state is
divided between a legislative, an executive, and a judicial branch.
Article
9 [Armed Forces]
The armed forces shall guarantee
the sovereignty, security, and independence of the county and shall defend
its territorial integrity..
Article
10 [Elections, Suffrage]
All elections and national
and local referendums shall be held on the basis of universal, equal, and
direct suffrage by secret ballot.
Article
11 [Political Parties]
(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 is established by law.
(4) There shall be no political
parties on ethnic, racial, or religious lines, nor parties which seek the
violent usurpation of state power.
Article
12 [Citizens' Associations]
(1) The associations of
citizens shall serve to meet and safeguard their interests.
(2) Citizens' associations,
including the trade unions, shall not pursue any political objectives,
nor shall they engage in any political activity which is in the domain
of the political parties.
Article
13 [Religion]
(1) The practicing of any
religion is free.
(2) The religious institutions
shall be separate from the state.
(3) Eastern Orthodox Christianity
is 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 [Family]
The family, motherhood,
and childhood shall enjoy the protection of the state and society.
Article
15 [Nature]
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 [Labor]
Labor is guaranteed and
protected by law.
Article
17 [Property]
(1) The right to property.
and inheritance shall guaranteed and protected by law.
(2) Property is private
and public.
(3) Private property is
inviolable.
(4) The regime applying
to the different units of state and municipal property is established by
law.
(5) Forcible expropriation
of property in the name of state and 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 [State Property]
(1) The state shall enjoy
exclusive ownership rights over the nethers of the earth; the coastal beaches;
the 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 is
establishable by law over railway transport, the national postal and telecommunication
networks, the use of nuclear energy, the manufacturing of radioactive products,
armaments, explosives, and powerful toxic substances.
(5) The conditions and procedure
by which the state shall grant concessions over units of property and licenses
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 [Economic Activity]
(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 favorable 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 [Balanced Development]
The state shall establish
conditions favorable 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 [Land]
(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 law.
Article
22 [Foreigners Clause]
(1) No foreign physical
person or foreign legal entity shall acquire ownership over land, except
through legal inheritance. Ownership thus acquired shall be duly transferred.
(2) A foreign physical person
or foreign legal entity is free to acquire user rights, building rights,
and other real rights on terms established by law.
Article
23 [Education, Culture]
The state shall establish
conditions favorable 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 [Foreign Policy]
(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 uppermost 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 [Citizenship]
(1) A Bulgarian citizen
is 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 citizenship
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 a Bulgarian citizenship acquired by birth.
(4) No citizen of the Republic
of Bulgaria shall be expatriated or extradited to another state.
(5) Any Bulgarian citizen
abroad shall be accorded the protection of the Republic of Bulgaria.
(6) The conditions and procedure
for the acquiring, preservation, or loss of Bulgarian citizenship shall
be established by law.
Article
26 [Constitutional Rights]
(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 a Bulgarian citizenship is required by this Constitution or by
another law.
Article
27 [Extradition, Asylum]
(1) Foreigners residing
legally in the country shall not be expelled or extradited to another state
against their will, except in accordance 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 [Life]
Everyone shall have the
right to life. Any attack upon a human life shall be punished as a most
severe crime.
Article
29 [Torture]
(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 his voluntary
written consent.
Article
30 [Personal Freedom and Integrity, Defence]
(1) Everyone is entitled
to personal freedom and inviolability.
(2) No one shall be detained
or subjected to inspection, search or any other infringement of his 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 is entitled
to legal counsel from the moment of detention or from the moment of being
charged.
(5) Everyone is entitled
to meet his legal counsel in private. The confidentiality of such communication
shall be inviolable.
Article
31 [Criminal Trials]
(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 a 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 [Privacy]
(1) The privacy of citizens
is inviolable. Everyone is entitled to protection against any illegal interference
in his private or family affairs and against encroachments on his honor,
dignity, and reputation.
(2) No one shall be followed,
photographed, filmed, recorded, or subjected to any other similar activity
without his knowledge or despite his express disapproval, except when such
actions are permitted by law.
Article
33 [Home]
(1) The home is inviolable.
No one shall enter or stay inside a home without its occupant's consent,
except in the cases expressly stipulated by law.
(2) Entering a home or staying
inside 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 [Confidential Communication]
(1) The freedom and confidentiality
of correspondence and all other communications is 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 [Residence, Movement]
(1) Everyone is free to
choose a place of residence and has the right to movement on the territory
of the country and to leave the country. This right shall be restricted
only by virtue of a 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 [Language]
(1) The study and use of
the Bulgarian language is a right and 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 the Bulgarian language.
(3) The situations in which
only the official language shall be used shall be established by law.
Article
37 [Freedom of Religion and Belief]
(1) The freedom of conscience,
the freedom of thought, and the choice of religion and of religious or
atheistic views are 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 practiced to the detriment of national security,
public order, public health and morals, or of the rights and freedoms of
others.
Article
38 [Freedom of Opinion]
No one shall be persecuted
or restricted in his rights because of his views, nor shall be obligated
or forced to provide information about his own or another person's views.
Article
39 [Expression]
(1) Everyone is entitled
to express an opinion or to publicize 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 [Press, Media]
(1) The press and the other
mass information media are 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 [Information]
(1) Everyone is 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 [Electoral Rights]
(1) Every citizen above
the age of 18, with the exception of those placed under judicial interdiction
or serving a prison sentence, is free to elect state and local authorities
and vote in referendums..
(2) The organization and
procedure for the holding of elections and referendums shall be established
by law.
Article
43 [Assembly]
(1) Citizens shall have
the right to peaceful and unarmed assembly for meetings and manifestations.
(2) The procedure for the
organizing and holding of meetings and manifestations shall be established
by law.
(3) No notice to the municipal
authorities shall be required for meetings held indoors.
Article
44 [Association]
(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 [Petition]
Citizens have the right
to lodge complaints, proposals, and petitions with the state authorities.
Article
46 [Matrimony]
(1) Matrimony is 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 [Parents, Children]
(1) The raising and upbringing
of children until they come of legal age shall be a right and obligation
of their parents and shall be assisted by the state.
(2) Mothers shall be the
object of the state and shall be guaranteed prenatal and postnatal 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 [Right to Work]
(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 favorable to the exercise of the right to work by the physically
or mentally handicapped.
(3) Everyone is free to
choose an occupation and place of work.
(4) No one shall be compelled
to do forced labor.
(5) Workers and employees
shall be entitled to healthy and non-hazardous working conditions, to guaranteed
minimum pay and remuneration for the actual work performed, and to rest
and leave, in accordance with conditions and procedures established by
law.
Article
49 [Unions]
(1) Workers and employees
shall be free to form trade union organizations and alliances in defence
of their interests related to work and social security.
(2) Employers shall be free
to associate in defence of their economic interests.
Article
50 [Strike]
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 [Welfare]
(1) Citizens shall have
the right to social security and welfare aid.
(2) The state shall provide
social security for the temporarily unemployed in accordance with conditions
and procedures established by law.
(3) The aged without relatives
and unable to support themselves, as well as the physically and mentally
handicapped shall enjoy the special protection of the state and society.
Article
52 [Health Care]
(1) Citizens shall have
the right to medical 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 financed from the state budget, by employers, through private
and collective health-insurance schemes, and from other sources in accordance
with conditions and procedures established by 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 [Education]
(1) Everyone shall have
the right to education.
(2) School attendance up
to the age of 16 is compulsory.
(3) Primary and secondary
education in state and municipal schools is 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 accordance with conditions and procedures
established by law. The education they provide shall fit the requirements
of the state.
(6) The state shall promote
education by opening and financing schools, by supporting capable school
and university students, and by providing opportunities for occupational
training and retraining. It shall exercise control over all kinds and levels
of schooling.
Article
54 [Culture, Creativity]
(1) Everyone shall have
the right to avail himself of the national and universal human cultural
values and to develop his own culture in accordance with his ethnic self-identification,
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 related rights.
Article
55 [Environment]
Citizens shall have the
right to a healthy and favorable environment corresponding to the established
standards and norms. They shall protect the environment.
Article
56 [Legal Counsel]
Everyone shall have the
right to legal defence whenever his 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 [Infringement]
(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, 29, 31 (1)-(3), 32 (1), and
37.
Article
58 [Observing Constitution]
(1) Citizens shall observe
and implement 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 [Military Service]
(1) To defend the country
shall be a duty and a matter of honor 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 [Taxes]
(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 [Catastrophes]
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 [Legislative Authority]
The National Assembly is
vested with the legislative authority and shall exercise parliamentary
control..
Article
63 [Members]
The National Assembly shall
consist of 240 members.
Article
64 [Term]
(1) The National Assembly
is 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 [Eligibility]
(1) Eligible for election
to the National Assembly is 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
his candidacy.
Article
66 [Control]
The legitimacy of an election
may be contested before the Constitutional Court by a procedure established
by law.
Article
67 [Mandate]
(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 [Incompatibility, Sleeping Mandate]
(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
his 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 [Indemnity]
Members of the National
Assembly shall not be held criminally liable for their opinions or votes
in the National Assembly.
Article
70 [Immunity]
A Member of the National
Assembly is immune from detention or criminal prosecution except for the
perpetration of a grave crime, when a warrant from the National Assembly
or, in between its session, from the Chairman of the National Assembly,
is required. No warrant shall be required when a Member is detained in
the course of committing a grave crime; the National Assembly or, in between
its session, the Chairman of the National Assembly, shall be notified forthwith.
Article
71 [Emoluments]
The National Assembly shall
establish the emoluments of its Members.
Article
72 [Resignation, Dismissal]
(1) A Member's prerogatives
shall expire before the expiry of his term of office upon any of the following
occurrences:
1) resignation presented
before the National Assembly;
2) enforcement of a prison
sentence for an intentional crime, or of an unsuspended prison sentence;
3) establishment of ineligibility
or incompatibility.
(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 [Internal Rules]
The National Assembly is
organized and shall act in accordance with the Constitution and its own
internal rules.
Article
74 [Sessions, Recesses]
The National Assembly is
a permanently acting body. It is free to determine its recesses.
Article
75 [First Session]
A newly elected National
Assembly shall be convened for a 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 [Oath]
(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 am sworn."
(3) The National Assembly
shall elect at the same session its Chairman and Vice Chairmen.
Article
77 [Functions of Chairmen]
(1) The Chairman of the
National Assembly shall:
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 his 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 Chairmen of
the National Assembly shall assist the Chairman and carry out any activities
devolved by him.
Article
78 [Convention]
The National Assembly shall
be convened for its sessions by its Chairman:
1) on his 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 [Committees]
(1) The National Assembly
shall elect permanent and ad hoc committees from among its Members.
(2) The permanent 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 [Testimony]
Any official or citizen
summoned by a parliamentary commission is obliged to testify and present
any required documents.
Article
81 [Quorum, Majorities, Voting]
(1) The National Assembly
is 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 acts by a majority of more than one-half of the
present Members, except when a qualified majority is required by the Constitution.
(3) Voting is personal and
open, except when the Constitution requires or the National Assembly resolves
on a secret ballot.
Article
82 [Publicity]
Sessions of the National
Assembly shall be public. The National Assembly may by exception resolve
to hold some sessions behind closed doors.
Article
83 [Government Participation]
(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 [Functions]
The National Assembly shall:
1) pass, amend, and rescind
the laws.;
2) pass the state budget
bill and the budget report.;
3) establish the 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 dismiss the
Prime Minister and, on his 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 dismiss 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 official
holidays.
Article
85 [International Instruments]
(1) The National Assembly
shall ratify or denounce by law all international instruments which:
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.
(2) 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.
(3) The conclusion of an
international treaty requiring an amendment to the Constitution shall be
preceded by the passage of such an amendment.
Article
86 [Binding Laws and Resolutions]
(1) The National Assembly
shall pass laws, resolutions, declarations, and addresses.
(2) The laws and resolutions
passed by the National Assembly shall be binding on all state bodies, all
organizations, and all citizens.
Article
87 [Initiative]
(1) Any Member of the National
Assembly or the Council of Ministers shall have the right to introduce
a bill.
(2) The State Budget Bill
shall be drawn up and presented by the Council of Ministers.
Article
88 [Deliberation]
(1) Bills shall be read
and voted upon twice, during different sessions. By way of exception, the
National Assembly may resolve to hold both ballots during a single session.
(2) All other acts of the
National Assembly shall require a single ballot.
(3) Each passed act is promulgated
in The National Gazette within 15 days from its passage.
Article
89 [Motion of No Confidence]
(1) A motion of no confidence
in the in the Council of Ministers shall require a seconding by one-fifth
or more of the Members of the National Assembly. To be passed, the motion
shall require a majority of more than half of the votes of all National
Assembly Members.
(2) Should the National
Assembly vote no confidence in the Prime Minister or the Council of Ministers,
the Prime Minister shall hand in his government's resignation.
(3) Should the National
Assembly reject a vote of no confidence in the Council of Ministers, the
next motion for a vote of no confidence on the same grounds shall not be
made before the expiry of six months.
Article
90 [Interpellations]
(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 mation 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 [Accountancy Chamber]
(1) The National Assembly
shall establish an Accountancy Chamber to control the implementation of
the budget.
(2) The organization, authority,
and procedures by which the Accountancy Chamber shall act shall be established
by law.
Chapter Four President of the Republic
Article
92 [Head of State]
(1) The President is 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 actions by a Vice President.
Article
93 [Elections]
(1) The President is elected
directly by the voters for a period of five years by a procedure established
by law.
(2) Eligible for President
is 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 in the election.
(4) Should none of the candidates
for President be elected, a runoff vote is held within seven days between
the two top candidates. The winner is the candidate who wins the majority
of the vote.
(5) A presidential election
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 a presidential election
within a month's time after the election.
Article
94 [Vice President]
The Vice President is elected
at the same time and on the same ticket as the President, on the same conditions
and by the same procedure.
Article
95 [Re-election, Incompatibility]
(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 engage
in any other state, public or economic activity, nor shall they participate
in the leadership of any political party.
Article
96 [Oath]
The President and the Vice
President shall swear before the National Assembly the oath established
by Article 76 (2).
Article
97 [Resignation, Dismissal]
(1) The President's or Vice
President's authority shall expire before the expiry of his term of office
upon any of the following occurrences:
1) resignation submitted
before the Constitutional Court;
2) lasting incapacitation
caused by a grave illness;
3) following 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.
(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 [Functions]
The President of the Republic
shall:
1) schedule the elections
for a National Assembly and for the bodies of local self-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 the laws;
5) on a motion from the
Council of Ministers, determine the borders of the administrative territorial
units and their centres;
6) on a motion from the
Council of Ministers, appoint and dismiss 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 dismiss 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 prerogatives.
Article
99 [Establishing Government]
(1) Following consultations
with the parliamentary groups, the President shall appoint the Prime Minister
candidate nominated by the party holding the highest number of seats in
the National Assembly to form a government.
(2) Should the Prime Minister
candidate fail to form a government within seven days, the President shall
entrust this task to a Prime Minister candidate nominated by the second
largest parliamentary group.
(3) Should the new Prime
Minister candidate also fail to form a government within the period established
by the preceding paragraph, the President shall entrust the task to a Prime
Minister candidate 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 candidate.
(5) Absent an agreement
on the formation of a government, the President shall appoint a caretaker
government, dissolve the National Assembly and schedule new elections within
the period established by Article 64 (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 (1).
(7) In the instances envisaged
by Paragraphs (5) and (6), the President shall not dissolve the National
Assembly during the last three months of his term of office. Should Parliament
fail to form a government within the established period, the President
shall appoint a caretaker government.
Article
100 [Commander-in-Chief, War]
(1) The President is the
Supreme Commander-in-Chief of the Armed Forces of the Republic of Bulgaria.
(2) The President shall
appoint and dismiss 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 is established by law.
(4) The President shall
proclaim general or partial mobilization on a motion from the Council of
Ministers in accordance 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 [Veto]
(1) Within the term established
by Article 88 (3), the President is free to return
a bill together with his motives to the National Assembly for further debate,
which shall not be denied.
(2) The new passage of such
a bill shall require a majority of more than half of all Members of the
National Assembly.
(3) Following a new passage
of the bill by the National Assembly, the President shall promulgate it
within seven days following its receipt.
Article
102 [Decrees, Addresses]
(1) Within the prerogatives
vested in him, 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 is
required for decrees pertaining to:
1) the appointment of a
caretaker government;
2) the appointment of a
Prime Minister candidate;
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 a
law.
Article
103 [Immunity, Impeachment]
(1) The President and 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-fourth 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 [Devolution of Duties]
The President is free to
devolve to the Vice President the prerogatives established by Article 98
Sub-Paragraphs 7, 9, 10 and 11.
Chapter Five Council of Ministers
Article
105 [Policy, Administration]
(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 guidance over the state administration and the Armed Forces.
Article
106 [Functions]
The Council of Ministers
shall:
- manage the implementation
of the state budget;
- organize the management
of the state's assets; and
- conclude, confirm, or
denounce international treaties when authorized to do so by law.
Article
107 [Ministerial Control]
The Council of Ministers
shall rescind any illegitimate or improper act issued by a minister.
Article
108 [Composition, Responsibility]
(1) The Council of Ministers
shall consist of a Prime Minister, Deputy Prime Ministers, and ministers.
(2) The Prime Minister shall
head, coordinate, and bear responsibility for the overall policy of the
government. He shall appoint and dismiss the deputy ministers.
(3) Each member of the Council
of Ministers shall head a ministry, except insofar as the National Assembly
resolves otherwise. Each minister shall account for his own activity.
Article
109 [Oath]
The members of the Council
of Ministers shall swear before the National Assembly the oath established
by Article 76 (2).
Article
110 [Eligibility]
Eligible for election to
the Council of Ministers shall be any Bulgarian citizen qualified to be
elected to the National Assembly.
Article
111 [Expiration]
(1) The authority of the
Council of Ministers shall expire upon any of the following occurrences:
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 [Vote of Confidence]
(1) The Council of Ministers
is free to ask for the National Assembly's vote of confidence in its overall
policy, its program 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 [Incompatibility]
(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
is free to determine any other post or activity which a member of the Council
of Ministers shall not hold or engage in.
Article
114 [Decrees, Ordinances]
Pursuant to and in implementation
of the laws, the Council of Ministers shall adopt decrees, ordinances,
and resolutions. The Council of Ministers shall promulgate rules and regulations
by decree.
Article
115 [Ministerial Regulations, Orders]
A minister shall issue rules,
regulations, instructions, and orders.
Article
116 [Indepndence, Political Neutrality]
(1) State employees 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) A law shall establish
the conditions for the appointment and dismissal of state employees 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.
Article
117 [Purpose, Independence]
(1) The judicial branch
of government shall safeguard the rights and legitimate interests of all
citizens, legal entities, and the state.
(2) The judicial branch
is independent.. In the performance of their functions, all judges, court
assessors, prosecutors, and investigating magistrates shall be subservient
only to the law.
(3) The judicial branch
of government shall have an independent budget.
Article
118 [In the Name of The People]
All judicial power is exercised
in the name of the people.
Article
119 [Court Hierarchy]
(1) Justice is administered
by the Supreme Court of Cassation, the Supreme Administrative Court, courts
of appeals, courts of assizes, courts-martial and district courts..
(2) Specialized courts may
be set up by virtue of a law.
(3) There shall be no extraordinary
courts.
Article
120 [Access to Courts]
(1) The courts shall supervise
the legality of the acts and actions of the administrative bodies.
(2) Citizens and legal entities
shall be free to contest any administrative act which affects them, except
those listed expressly by the laws.
Article
121 [Equality Before Courts, Publicity]
(1) The courts shall ensure
the equality and mutual challengeability of the parties to a 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 [Right to Counsel]
(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 is practiced shall be established by law.
Article
123 [Court Assessors]
Court assessors shall participate
in the trial process in certain cases established by law.
Article
124 [Supreme Court of Cassation]
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 [Supreme Administrative Court]
(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 legality of acts of the Council
of Ministers and the individual ministers, and of other acts established
by law.
Article
126 [Prosecutor's Office]
(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 guidance to all other
prosecutors.
Article
127 [Prosecutor's Functions]
The Prosecutor's Office
shall ensure that legality is observed:
1) by bringing charges against
criminal suspects and supporting the charges in common criminal trials;
2) by overseeing the enforcement
of penalties and other measures of compulsion;
3) by acting for the rescindment
of all illegitimate acts;
4) by taking part in civil
and administrative suits whenever required to do so by law.
Article
128 [Investigation]
The investigating bodies
shall be within the system of the judicial branch. They shall perform the
preliminary investigation in criminal cases.
Article
129 [Appointment, Dismissal of Justices]
(1) Justices, prosecutors,
and investigating magistrates are elected, promoted, demoted, reassigned,
and dismissed 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 dismissed 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 dismissal on
a repeated motion.
(3) Justices, prosecutors,
and investigating magistrates shall become unsubstitutable upon completing
a third year in the respective office. They shall be dismissed only upon
retirement, resignation, upon the enforcement of a prison sentence for
a deliberate crime, or upon lasting actual disability to perform their
functions over more than one year.
Article
130 [Supreme Judicial Council]
(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
Administrative Court, and the Chief Prosecutor.
(2) Eligible for election
to the Supreme Judicial Council besides its ex officio members shall
be practicing 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 judicial branch.
(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 [Secret Ballot]
Any resolution of the Supreme
Judicial Council to appoint, promote, demote, reassign, or dismiss a justice,
a prosecutor or an investigating magistrate, or a resolution pursuant to
Article 129 (2), shall be passed by a secret ballot.
Article
132 [Immunity]
(1) Justices, prosecutors,
and investigating magistrates shall enjoy the same immunity as the Members
of the National Assembly.
(2) The immunity of a justice,
prosecutor, or investigating magistrate shall be lifted by the Supreme
Judicial Council only in the circumstances established by the law.
Article
133 [Legal Procedures]
The organization and the
activity of the Supreme Judicial Council, of the courts, the prosecution
and the investigation, the status of the justices, prosecutors and investigating
magistrates, the conditions and the procedure for the appointment and dismissal
of justices, court assessors, prosecutors, and investigating magistrates,
and the materialization of their liability shall be established by law.
Article
134 [The Bar]
(1) The bar is free, independent,
and autonomous. It shall assist citizens and legal entities in the defence
of their rights and legitimate interests.
(2) The organization and
manner of activity of the bar shall be established by law.
Chapter Seven Local Self-Government and Local Administration
Article
135 [Territorial Division]
(1) The territory of the
Republic of Bulgaria is divided into municipalities and regions. The territorial
division and the prerogatives of the Capital and the other major cities
shall be established by law.
(2) Other administrative
territorial units and bodies of self-government shall be establishable
by law.
Article
136 [Election, Referendum]
(1) A municipality is 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 self-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 populace.
(3) A municipality shall
be a legal entity.
Article
137 [Association of Municipalities]
(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 [Municipal Council]
The body of local self-government
within a municipality shall be a municipal council elected directly by
the populace for a term of four years by a procedure established by law.
Article
139 [Mayor]
(1) The mayor is the body
of executive power within a municipality. He is elected by the municipal
council for a term of four years by a procedure established by law.
(2) In his activity a mayor
shall be guided by the law, the acts of the municipal council, and the
sense of the populace.
Article
140 [Municipal Property]
A municipality is entitled
to own municipal property, which it shall use to the interest of the territorial
community.
Article
141 [Municipal Budget]
(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 [Region]
A region is an administrative
territorial unit entrusted with the conduct of a regional policy, the implementation
of state government on a local level, and the ensuring of harmony of national
and local interests.
Article
143 [Regional Governor]
(1) Each region is governed
by a regional governor aided by a regional administration.
(2) A regional governor
is appointed by the Council of Ministers.
(3) The regional governor
shall ensure the implementation of the state's policy, the safeguarding
of the national interests, law and public order, and shall exercise administrative
control.
Article
144 [Control]
The central bodies of state
and their local representatives shall exercise control over the legality
of the acts of the bodies of local government only when authorized to do
so by law.
Article
145 [Defence of Autonomy]
A municipal council is free
to challenge before a court any act which encroaches on its rights.
Article
146 [Legal Procedures]
The organization and the
procedures of the bodies of local self-government and local administration
shall be established by law.
Chapter Eight Constitutional Court
Article
147 [Composition, Term, Incompatibility, Immunity]
(1) The Constitutional Court
shall consist of 12 justices, 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 justices of the Supreme Court
of Cassation and the Supreme Administrative Court..
(2) The justices 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 justices of the
Constitutional Court shall be lawyers of high professional and moral integrity
and with at least fifteen years of professional experience.
(4) The justices 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 justice
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 justice of the Constitutional
Court shall enjoy the same immunity as a Member of the National Assembly.
Article
148 [Resignation, Expiration]
(1) The mandate of a justice
of the Constitutional Court shall expire upon any of the following occurrences:
1) the expiry of the term
of office;
2) resignation submitted
before the Constitutional Court;
3) the enforcement of a
prison sentence for a deliberate crime;
4) actual incapacitation
which has lasted for more than one year;
5) incompatibility with
an office or activity pursuant to Article 147 (5);
6) death.
(2) The Constitutional Court
shall lift a justice's immunity or establish his actual incapacity to perform
his duties by a secret ballot requiring a majority of at least two-thirds
of the votes of all justices.
(3) Should the mandate of
a Constitutional Court justice be terminated, a new justice from the same
quota shall be appointed or elected within one month.
Article
149 [Functions]
(1) The Constitutional Court
shall:
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 [Initiatives]
(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 Paragraph (1.3) of the
preceding Article may further be filed by a municipal council.
(2) Should it find a discrepancy
between a 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 [Effect of Rulings]
(1) A ruling of the Constitutional
Court shall require a majority of more than half of the votes of all justices.
(2) Rulings of the Constitutional
Court shall be promulgated in The National 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 [Legal Procedures]
The organization and the
manner of proceeding of the Constitutional Court shall be established by
law.
Chapter Nine Amendments to the Constitution, Adoption of a new Constitution
Article
153 [Amendment by National Assembly]
The National Assembly is
free to amend all provisions of the Constitution except those within the
prerogatives of the Grand National Assembly.
Article
154 [Amendment Bill]
(1) The initiative to introduce
a constitutional amendment bill shall belong to one-fourth 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 [Majorities]
(1) A constitutional amendment
shall require a majority of three-fourths 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-fourths 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 [Promulgation]
An amendment to the Constitution
is signed and promulgated in The National Gazette by the Chairman of the
Grand National Assembly within seven days following its passage.
Article
157 [Grand National Assembly]
A Grand National Assembly
shall consist of 400 Members elected by the generally established procedure.
Article
158 [Functions]
A Grand National Assembly
shall:
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 (2) and (4) and Article 57 (1) and (3);
5) resolve on any amendment
to Chapter Nine.
Article
159 [Initiative]
(1) The initiative to introduce
an amendment bill pursuant to the preceding Article shall belong to one-third
of the Members of the National Assembly and to the President.
(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 [Grand National Assembly Elections]
(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
from the passage of the National Assembly's resolution.
(3) The mandate of the National
Assembly shall expire with the holding of the elections for a Grand National
Assembly.
Article
161 [Majority]
To pass a bill, the Grand
National Assembly shall require a majority of two-thirds of the votes of
all Members, in three ballots on three different days.
Article
162 [Functions]
(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 [Promulgation]
An act of the Grand National
Assembly is signed and promulgated in The National Gazette by the Assembly's
Chairman within seven days following its passage.
Chapter Ten Coat of Arms, Seal, Flag, Anthem, Capital
Article
164 [Coat of Arms]
The Coat of Arms of the
Republic of Bulgaria shall depict a gold lion rampant on a dark gules shield.
Article
165 [State Seal]
The State Seal shall depict
the Coat of Arms of the Republic of Bulgaria.
Article
166 [National Fla
]
The Flag of the Republic
of Bulgaria is a tricolor: white, green, and red from top, placed horizontally.
Article
167 [Usage Regulation]
The rules for the placing
of the State Seal and the display of the National Flag is established by
law.
Article
168 [Anthem]
The Anthem of the Republic
of Bulgaria is the song "Mila Rodino".
Article
169 [Capital Sofia]
The Republic of Bulgaria
shall have for its Capital the City of Sofia.
[Chapter Eleven] Transitional and Concluding Provisions
Section
1 [Grand National Assembly]
(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.
Section
2 [Court Functions]
Pending the election of
a Supreme Court of Cassation and a Supreme Administrative Court, their
prerogatives pursuant to Article 130 (3) and Article
147
(1) shall be exercised by the Supreme Court of the Republic of Bulgaria.
Section
3 [Old Law]
(1) The provisions of the
existing laws shall be applicable insofar as 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
(2).
(3) The laws required expressly
by this Constitution shall be passed by the National Assembly within three
years.
Section
4 [Judicial Branch]
The organization of the
judicial branch of government established by the Constitution shall come
into force following the passage of the new structural and procedural laws
within the term established by Section 3 (2).
Section
5 [Old Justices]
Justices, prosecutors, and
investigating magistrates shall become un-substitutable if within three
months of its formation the Supreme Judicial Council does not rule that
they lack the necessary professional merits.
Section
6 [Media]
Pending the passage of new
legislation concerning the Bulgarian National Television, the Bulgarian
National Radio and the Bulgarian News Agency, the National Assembly shall
practice the prerogatives vested in the Grand National Assembly with respect
to these national institutions.
Section
7 [National Assembly Elections]
(1) Elections for a National
Assembly and bodies of local self-government shall be held within three
months from the self-dissolution of the Grand National Assembly. The date
of the elections shall be scheduled by the President in accordance with
his prerogatives pursuant to Article 98 Sub-Paragraph 1.
(2) The elections for a
President and a Vice President shall be held within three months from 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).
Section
8 [Old Government]
The government shall continue
to perform its functions pursuant to this Constitution until the formation
of a new government.
Section
9 [Old Constitution]
This Constitution shall
come into force on the day on which it is promulgated in The National Gazette
by the Chairman of the Grand National Assembly, and shall supersede the
Constitution of the Republic of Bulgaria adopted on 18 May 1971.