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CONSTITUTION
OF THE REPUBLIC OF BULGARIA
Promulgated State Gazette No. 56/13.07.1991
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 holding as the highest 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
C O N S T I T U T I O N
C h a p t e r O n e
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 self-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 law-governed state.
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. |
| 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 promul-gation
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 self-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 agencies and officials. |
| Article
8 |
| The
power of the state shall be divided between leg-islative,
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 safeguard
their interests.
(2) Citizens' associations, including 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 |
(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 na-tional
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 telecommunica-tions
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 |
(1)
No foreign physical person or foreign juridical person
shall acquire ownership over land, except through legal
inheritance. Ownership thus acquired shall be duly transferred.
(2) A foreign physical person or foreign juridical person
shall be free to acquire user rights, building rights
and other real rights on terms established by law. |
| 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. |
C
h a p t e r T w o
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) 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 |
(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 by this Constitution
or by 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 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 |
| 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 his 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 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 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 his 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 his private or family affairs and against encroach-ments
on his honour, 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 |
| (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 resi-dence
and shall have the right to freedom of movement in the
territory of the country and to leave the country. 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 citi-zens.
(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 the Bulgarian language.
(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
denomi-nations, 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 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* |
(1)
Everyone shall be 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* |
(1)
The press and the other mass information 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 the holding of
elections and referendums shall be established by law. |
| Article
43 |
(1)
Citizens shall have the right to peaceful and unarmed
assembly for meetings and demonstrations.
(2) The procedure for the organizing and holding of 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 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 special protection
on the part 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 |
(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 physically or mentally
handicapped.
(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
pay 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 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 |
| 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 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 invalids and the socially weak shall receive
special protection from the state and society. |
| Article
52 |
(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 |
(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 mu-nicipal
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 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 train-ing
and retraining. It shall exercise control over all kinds
and levels of schooling. |
| Article
54 |
(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 |
| 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 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 |
(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 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 |
(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. |
C
h a p t e r T h r e e
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 his 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 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 |
| 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 grave crime, when a warrant from the National Assembly
or, in between its session, from the Chairman of the National
Assembly, shall be 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 |
| The
National Assembly shall establish the emoluments of its
Members. |
| Article
72 |
(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;
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
accordance 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
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 |
(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 Chairman and Vice Chairmen. |
| Article
77 |
(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 |
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 |
(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 |
| 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 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 shall be personal and open, except when the
Constitution requires or the National Assembly resolves
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:
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 |
(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 |
(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 |
(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 |
(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 re-quire
a single ballot.
(3) Each passed act shall be promulgated in State Gazette
within 15 days of being passed. |
| Article
89 |
(1)
A motion 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 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
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 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. |
C
h a p t e r F o u r
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 actions by
a Vice President. |
| Article
93 |
(1)
The President shall be elected directly by the 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 in
the election.
(4) Should none of the candidates for President be elected,
a second round vote 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) 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 no later than
one month after the election. |
| Article
94 |
| The
Vice President shall be elected at the same time and on
the same ticket as the President, on 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 engage 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 by Article 76 para
2. |
| Article
97 |
(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. 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;
(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 as-sumed 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:
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 centers;
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 |
(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
in 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 envisaged by pars 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 |
(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 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 shall be
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 |
(1)
Within the term established by Article 88 para 3, the
President shall be free to return a bill together with
his motives to the National Assembly for further debate,
which shall not be refused.
(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 |
(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 shall be required for decrees pertaining
to:
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 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 devolve to the Vice President
the prerogatives established by Article 98 points 7, 9,
10 and 11. |
C
h a p t e r F i v e
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 guidance
over the state administration and the Armed Forces. |
| 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 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 when the National Assembly resolves
otherwise. Each minister shall account for his 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 to the National
Assembly. |
| Article
111 |
(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 |
(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 resolutions. 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)
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) 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 shall be
established by law. |
C
h a p t e r S i x
JUDICIAL POWER |
| Article
117 |
(1)
The judicial branch of government shall safeguard the
rights and legitimate interests of all citizens, juridical
persons and the state.
(2) The judicial branch shall be 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 |
| 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
appeals, courts of assizes, 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 legality of the acts and
actions of the administrative bodies.
(2) Citizens and juridical persons shall be free to contest
any administrative act which affects them, except those
listed expressly by the laws.* |
| Article
121 |
(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 |
(1)
Citizens and juridical persons 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 |
| Court
assessors shall participate in the trial process 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 legality of acts of the Council of Ministers
and the 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 guidance to all other prosecutors. |
| Article
127 |
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 rescission of all illegitimate acts;
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
judicial branch. They shall perform the preliminary investigation
in criminal cases. |
| Article
129 |
(1)
Justices, prosecutors and investigating magistrates shall
be 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 |
(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 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 |
| 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 para 2, shall be passed by a secret ballot. |
| Article
132 |
(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 |
| 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 in-vestigating 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.
C h a p t e r S e v e n
LOCAL SELF-GOVERNMENT AND LOCAL ADMINISTRATION |
| Article
135 |
(1)
The territory of the Republic of Bulgaria shall be divided
into municipalities and regions. 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 self-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 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 juridical person. |
| 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 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 |
(1)
The mayor shall be the body of executive power within
a municipality. He shall be 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 decisions of
the populace. |
| Article
140 |
| A
municipality shall be entitled to own municipal property,
which it shall use to the interest of the territorial
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
region shall be 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 |
(1)
Each region shall be governed by a regional governor aided
by a regional administration.
(2) A regional governor shall be 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 |
| 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 |
| A
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
self-government and local administration shall be established
by law. |
C
h a p t e r E i g h t
CONSTITUTIONAL COURT |
| Article
147 |
(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 |
(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 |
(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 compati-bility
of domestic laws with the universally recognized norms
of international law and the international instruments
to which Bul-garia 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 justices.
(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 unconsti-tutional
shall remain in force. |
| Article
152 |
| The
organization and the manner of proceeding of the Constitutional
Court shall be established by law. |
C
h a p t e r N i n e
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 State Gazette by the Chairman of the Grand National
Assembly within seven days of being passed. |
| Article
157 |
| A
Grand National Assembly shall consist of 400 Members elected
by the generally established procedure. |
| Article
158 |
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 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. |
C
h a p t e r T e n
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, 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 judicial branch of government
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.
Justices, prosecutors and investigating magistrates shall
become unsubstitutable if within three months of its forma-tion
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 prerogatives pursuant to Article 98
subpara 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. |
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