PP-DB has challenged the decision to release Stanimir Mihailov as manager of the National Health Insurance Fund (NHIF), which became an argument for Rosen Zhelyazkov as Speaker of the National Assembly, before the Court Constitutional. Based on it, it was also created caseand Filip Dimitrov was appointed as the rapporteur, it was announced “Lex”.
According to the PP-DB, the decision to release Mihailov violated the principles of rule of law, legality and separation of powers.
On April 17, Rosen Zhelyazkov proposed to include in the agenda of the parliament session as an urgent item a decision on the early termination of the mandate of Stanimir Mihailov as the manager of the NHIF. In practice, GERB and DPS, with the help of BSP and “Vazrazhdane”, put the health fund down by voting on his resignation, which was submitted on December 1 of this year, but he was withdrawn during the scandal before his vote. Therefore, the institution, which allocates more than BGN 8 billion for health care, is now completely in the hands of GERB – in the coming weeks, and maybe even months, it will be managed by deputy governor Momchil Mavrov, nominated by Borisov’s party.
The decision was pushed through in an extremely brash manner, which made Kiril Petkov declare from the rostrum: “This smacks of a dictatorship.” ” It turned out that it was well prepared behind the scenes and hidden from the governing council before the full session. Stanimir Mihailov was admitted to the hall, but he was not given the floor to explain what his personal will was. PP-DB claims that there is no way for him to resign, which he does not because he has been withdrawn. However, GERB mercilessly stopped any discussions, and immediately after the vote, Rosen Zhelyazkov – the main driver of what happened, left the hall.
This is a personal act, explained Stanimir Mihailov on the side about his resignation. He reminded that he was able to submit his resignation together with Mavrov due to certain conditions – to draw up recruitment rules.
Now the MPs are asking the Constitutional Court to overturn the decision on the early termination of Stanimir Mihailov’s mandate, and if this happens, it will mean that it is considered it is initially invalid.
In their request, it is said that when parliament uses its powers to elect or terminate the mandate of an independent public body, it must be in accordance with the principles of the rule of law – legal certainty, legality, transparency, predictability, reliability. . “This move cannot be made on its own, arbitrarily, suddenly and without motivation, in violation of clear and necessary legal norms. In this particular case, the decision was taken to end the mandate of the National Health Insurance manager prematurely. Assets are in violation of these requirements,” the deputies wrote to the SC.
They remind that, outside the purposes of the Constitution and the laws, appointed members of state bodies cannot be fired, reduced or removed in any form and under any charge. And in the case of Mihailov, his release was without legal basis, since his resignation, which may have been so, was withdrawn.
When the post is withdrawn, there is no issue to pronounce, the deputies point out. According to them, when the post was withdrawn before its vote, the parliament could only end the debate on the point and not make a decision or come to a conclusion. -decision rejecting the draft decision. “The only unconstitutional decision as a procedure is a decision to confirm his non-existent role,” PP-DB points out.
The request sets out in detail the requirements for the independence of the NHIF and its manager, and reminds that the mandate is the legal guarantee for it.
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2024-04-26 18:09:46
#scandal #resignation #NHIF #Constitutional #Court
