/ world today news/ On the occasion of the upcoming plenary meeting of the so-called “People’s Assembly” regarding the referendum on joining the so-called “Eurozone” and introducing the “euro” as the national currency in Bulgaria, first of all, not for justification, and with due respect to the potential reader of the following exposition, I would like to note the following:
Unlike the kitsch ones with one or other ranks and titles such as academics, professors, doctors of law, etc., I am not one of them. Although, among other things, I once studied law and am a graduate of the only Alma Mater in Bulgaria that deserves recognition in this field at least for a while.
In advance, I would like to point out that I will not expand on the subject of the title in a detailed and comprehensive analysis from the point of view of the General Theory of Law on the current legislation. incl. on the methods and types of interpretation applied in this matter. And I will limit myself only to what, not only in my opinion, but it seems to me to most of today’s citizens of our “republic”, as the main argument in their delusion, the defense by not only some or other so-called “politicians”, but also to their associates in any capacity, including by serving representatives of the “academic” community, of the thesis about the “illegal” or “unconstitutional” nature of the initiated referendum “For” or “Against “the introduction of the “euro” as the national currency. Namely, the text of para. 4 of Art. 5 of the Constitution of Bulgaria, according to which: “International treaties, constitutionally ratified, promulgated and entered into force for the Republic of Bulgaria, are part of the internal law of the country. They have priority over those rules of internal legislation which contradict them.’. And since Bulgaria, with the treaty of accession to the so-called EU, was obliged to introduce the “euro” as well, by virtue of the cit. provision according to the mentioned persons could not be admitted as “unconstitutional” to produce the referendum in question.
On this occasion, the question is: Who reads what and how, if he understands what he reads?
In the current Bulgarian legal order, among others, there exists and is in force the so-called Law on international treaties of the Republic of Bulgaria (Promulgated in SG No. 97 of 13.11.2001). According to para. 3 of Art. 26 of which: “The effect in the domestic legal system of the provisions of an international treaty is determined depending on character of these provisions, directly applicable or not, and by the hierarchical place of the binding act in the internal legal order in accordance with the Constitution and the laws of the country.”. In this regard, considered apart from the point of view of its nature, both the EU accession treaty itself, and also the Law on its ratification, and in accordance with the systematic interpretation according to the place not only after para. 2 of Art. 1, but also after par. 1 of Art. 4, and after par. 1 and 2 of Art. 5 of the Constitution, for anyone capable of rational thinking, even without being an academician, professor, doctor, or whatever by any right, the text of cit. provision of para. 4 of Art. 5 of the same could hardly serve as a reasonable justification for the fact that the referendum in question would be “illegal”, according to laymen, or “unconstitutional” in the opinion of some of the more famous holders such as doctors of law, professors, academics, etc. Because apart from cit. provision of para. 3 of Art. 26 of the Law on International Treaties of the Republic of Bulgaria, and those of para. 2 of Art. 1 in conjunction with para. 1 and 2 of Art. 5 of the Constitution give a clear, unambiguous and definitive solution to the question of whether and what this referendum would be from the point of view not only of legality, but also of legitimacy. “Politicians” and “academics” aside, as far as MPs are concerned, so-called “people’s representatives” not only from the so-called parliamentary legal committee – at the front except with bankers for parliament and with “eminent” lawyers , a serious effort to educate them is obviously imperative – apparently not only in the field of law! If this one, anyway illegitimate to make any decisions on behalf of the sovereign assembly, is not expelled before that!?
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