October 26, 2023 11:14 am
President Rumen Radev appealed to the Constitutional Court on the provisions of the Law on the Control of the Implementation of Restrictive Measures in View of Russia’s Actions Destabilizing the Situation in Ukraine, which impose “energy contributions“ on the import of Russian natural gas to Bulgariaas well as on his transmission for Europe through the territory of our country.
In his request to the Constitutional Court, the head of state states that they are violated a number of conditions, enshrined in the Bulgarian Constitution. The contested texts are inconsistent with the principle of legality the taxes and the feesas the legal nature of the the newly introduced “installment” and whether it represents tax, fee or duty.
It is also noted that the principles of guaranteeing the right to property and the free economic initiative. Last but not least, the law was adopted contrary to the rules for the exercise of legislative initiative and the principle of the rule of law.
It is also noted that EU member states are in a customs union with each other and a ban has been introduced not only on customs duties between member states, but also on the unilateral imposition of “all charges having an effect equivalent to a customs duty”. At the same time, the relations of EU member states with third countries are subject to the Common Customs Tariff, which is determined by the Council on the proposal of the European Commission. The EU sanctions regime also does not provide for member states to independently impose additional restrictions.
The head of state has already expressed a position that the decision of the Bulgarian Parliament leads to an unacceptable risk of decapitalization and bankruptcy of a structure-determining company for the Bulgarian energy industry, such as “Bulgartransgaz“, and this is an additional reason for him to exercise his authority to appeal to the Constitutional Court.
See the entire position of President Radev:
2023-10-26 08:14:00
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