The changes to the Constitution were finally adopted. 237 people’s representatives voted in the third reading on Wednesday. The vote was exercised by roll call, standing up and declaring “for”, “against” or “abstained”. The deputies were called in alphabetical order by the Speaker of the National Assembly, Rosen Zhelyazkov.
What is the procedure for amending the Constitution?
“For” were 165 from GERB-SDS, “We continue the change-Democratic Bulgaria” (PP-DB) and DPS. “Against” were 71 from “BSP for Bulgaria”, “Vazrazhdane” and “There is such a people”. Deputy Boyko Rashkov from the PP-DB voted with “abstain”.
After the announcement of the results, the deputies rose to their feet and applauded.
Here are the changes included in the new texts:
Official government
The head of state will be able to choose an official prime minister from among a certain circle of people – the speaker of the National Assembly, the governor or deputy governor of the BNB, the chairman or deputy chairman of the Audit Chamber, the ombudsman or his deputy. According to the initial idea, the chairman of the Supreme Court should have been included in the list, but this option was subsequently dropped.
One of the amendments is directly related to the way in which the cabinet will be formed. If no agreement is reached on the formation of a government, the president – after consultation with the parliamentary groups and on the proposal of the candidate for interim prime minister – appoints an interim cabinet.
According to the adopted changes, when the president does not appoint the Council of Ministers proposed by the designated caretaker prime minister within a 7-day period, the caretaker government is elected by the National Assembly. The president shall schedule elections for a new parliament within two months of the appointment of the caretaker government. In this case, the National Assembly does not meet within a month before the elections, which is probably due to the election campaign.
Cabinet change
If the government resigns, the parliament will no longer be dissolved and will sit until the swearing in of the new people’s representatives. Elections for a new National Assembly will be held no later than one month before the term of office of the current one expires.
MPs and ministers with dual citizenship
According to the new texts, MPs and ministers will now be able to have dual citizenship, but with conditions for having settled in our country for the last 18 months. However, the president must only have Bulgarian citizenship by birth, be over 40 years old, not be placed under interdiction, not be serving a prison sentence and have lived in Bulgaria for the last five years.
Composition and structure of the Supreme Judicial Council
The Supreme Judicial Council will consist of 15 members and include the presidents of the Supreme Court and Supreme Court, eight people directly elected by the judges of all courts, and five elected by the National Assembly. The SJC will remain an administrative and personnel body for judges only. A Prosecutor’s Council will also be established as an administrative and personnel body for prosecutors and investigators.
The deputies decided to write in the basic law that any court can appeal to the Constitutional Court at its discretion or at the request of a party, but only for the unconstitutionality of a law applicable to the case. There will be no opportunity to ask for an interpretation of the Constitution.
Powers of the Attorney General
The changes concerning the figure of the chief prosecutor also passed the second reading. The deputies accepted that prosecutor number 1 be appointed and dismissed by the president on the proposal of the High Prosecutorial Council for a period of five years without the right to re-election. The Chief Prosecutor represents the Prosecutor’s Office and leads the Supreme Prosecutor’s Office.
The Chief Prosecutor, at the proposal of the Supreme Prosecutor’s Office, also approves general methodological rules for the activities of prosecutors, investigators and other investigative bodies in the pre-trial proceedings, which are subject to appeal before the Supreme Administrative Court, in accordance with the procedure established by law. Candidates for chief prosecutor may be nominated by three of the members of the High Prosecutorial Council, as well as by the Minister of Justice.
The president cannot deny the appointment or release on a re-offer, the regulations state.
For a committed crime of a general nature, the chief prosecutor or his deputy is investigated and the accusation is maintained before the court by a prosecutor who held the position of judge in the Supreme Court of Cassation from the criminal collegium or with the rank of judge in the Supreme Court of Cassation from the criminal departments of the appellate or district courts courts until the appointment.
The composition of the regulators
Regarding the regulators, the deputies accepted that the decisions on the selection of regulators must be adopted by a two-thirds majority of all the people’s representatives.
2023-12-20 08:47:24
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