“The decision of the Constitutional Court is clear. It potentially affects the validity of the acts issued by Kiril Petkov. Litigation could arise over some of the acts, not so much for legal as for political reasons. That interpretative decision has affected the operation of the acts since their issue and not, as has been the case since their enactment and entry into force. ‘
This was stated by the Minister of Justice Yanaki Stoilov, BGNES reports.
Will Kiril Petkov’s decisions be dropped in court?
“> Will Kiril Petkov’s decisions be dropped in court?
According to him, in controversial situations, the incumbent minister will have to issue acts again if such issues are raised. According to him, however, this will not affect the acts of the Council of Ministers as a collective body, as they are usually taken with consent. Acts issued by the Minister, whether normative or individual, may be challenged.
“There are facts that are certified by official documents. For example, criminal records. There are other circumstances, positive or negative, which are established by a declaration submitted by the person responsible for the content, which is reflected in the documents. I do not think that when forming a government, whether regularly or ex officio, the body that carries out this activity has a real opportunity to make such inquiries in a short time, as they have to be done through the Ministry of Regional Development or Justice and to reach the primary acts for civil status “, explained Stoilov.
The Constitutional Court decided on the appointment of K. Petkov as Minister
“> The Constitutional Court decided on the appointment of K. Petkov as Minister
The Minister of Justice added that a person, even when he considers that he is acting in good faith, when he knows that such circumstances exist, should ask the question whether this is right, so that the decision-making body makes an assessment or additional inquiries.
Stoilov stressed that the decision of the Constitutional Court is justified because citizenship is a bilateral relationship of a public nature between a person and the state, and there is an order in which the respective state is released.
“There are acts in which the individual expression of will is sufficient, including in our national law, so that individuals are no longer dependent on the actions of other bodies, which may delay their decision, but in any case this is a fact and should be act on these conditions. The situation is clear “, Stoilov was categorical.
