We, the Members of the Seventh Grand National Assembly,
guided by our desire to express the will of the people of
Bulgaria, by pledging our loyalty to the universal human values
of liberty, peace, humanism, equality, justice and tolerance; by
elevating as the uppermost principle the rights, dignity and
security of the individual; in awareness of our irrevocable duty
to guard the national and state integrity of Bulgaria, hereby
promulgate our resolve to create a democratic, law-governed
and social state, by establishing this Constitution.
Article 1 [State]
(1) Bulgaria is a republic with a parliamentary form of
government.
(2) The entire power of the state shall derive from the people.
The people shall exercise this power directly and through the
bodies established by this Constitution.
(3) No part of the people, no political party nor any other
organization, state institution, or individual shall usurp the
expression of the popular sovereignty.
Article 2 [Territorial Integrity]
(1) The Republic of Bulgaria is an integral state with local
self-government. No autonomous territorial formations shall
exist.
(2) The territorial integrity of the Republic of Bulgaria is
inviolable.
Article 3 [Language]
Bulgarian is the official language of the Republic.
Article 4 [Rule of Law, Human Rights]
(1) The Republic of Bulgaria is a law-governed state. It is
governed by the Constitution and the laws of the country.
(2) The Republic of Bulgaria shall guarantee the life, dignity,
and rights of the individual and shall create conditions
conducive to the free development of the individual and the
civil society.
Article 5 [Supreme Law]
(1) The Constitution is the supreme law, and no other law shall
contravene it.
(2) The provisions of the Constitution shall apply directly.
(3) No one shall be convicted for action or inaction which at the
time it was committed did not constitute a crime.
(4) Any international instruments which have been ratified by
the constitutionally established procedure, promulgated, and
come into force with respect to the Republic of Bulgaria, shall
be considered part of the domestic legislation of the country.
They shall supersede any domestic legislation stipulating
otherwise.
(5) All legislative acts shall be promulgated and shall come into
force three days after the date of their promulgation unless
otherwise envisaged by the acts themselves.
Article 6 [Human Dignity, Freedom, Equality]
Article 7 [State Liability]
Article 8 [Three Powers]
Article 9 [Armed Forces]
Article 10 [Elections, Suffrage]
Article 11 [Political Parties]
Article 12 [Citizens' Associations]
Article 13 [Religion]
Article 14 [Family]
Article 15 [Nature]
Article 16 [Labor]
Article 17 [Property]
Article 18 [State Property]
Article 19 [Economic Activity]
Article 20 [Balanced Development]
Article 21 [Land]
Article 22 [Foreigners Clause]
Article 23 [Education, Culture]
Article 24 [Foreign Policy]
Article 25 [Citizenship]
Article 26 [Constitutional Rights]
Article 27 [Extradition, Asylum]
Article 28 [Life]
Article 29 [Torture]
Article 30 [Personal Freedom and Integrity, Defence]
Article 31 [Criminal Trials]
Article 32 [Privacy]
Article 33 [Home]
Article 34 [Confidential Communication]
Article 35 [Residence, Movement]
Article 36 [Language]
Article 37 [Freedom of Religion and Belief]
Article 38 [Freedom of Opinion]
Article 39 [Expression]
Article 40 [Press, Media]
Article 41 [Information]
Article 42 [Electoral Rights]
Article 43 [Assembly]
Article 44 [Association]
Article 45 [Petition]
Article 46 [Matrimony]
Article 47 [Parents, Children]
Article 48 [Right to Work]
Article 49 [Unions]
Article 50 [Strike]
Article 51 [Welfare]
Article 52 [Health Care]
Article 53 [Education]
Article 54 [Culture, Creativity]
Article 55 [Environment]
Article 56 [Legal Counsel]
Article 57 [Infringement]
Article 58 [Observing Constitution]
Article 59 [Military Service]
Article 60 [Taxes]
Article 61 [Catastrophes]
Article 62 [Legislative Authority]
Article 63 [Members]
Article 64 [Term]
Article 65 [Eligibility]
Article 66 [Control]
Article 67 [Mandate]
Article 68 [Incompatibility, Sleeping Mandate]
Article 69 [Indemnity]
Article 70 [Immunity]
Article 71 [Emoluments]
Article 72 [Resignation, Dismissal]
Article 73 [Internal Rules]
Article 74 [Sessions, Recesses]
Article 75 [First Session]
Article 76 [Oath]
Article 77 [Functions of Chairmen]
Article 78 [Convention]
Article 79 [Committees]
Article 80 [Testimony]
Article 81 [Quorum, Majorities, Voting]
Article 82 [Publicity]
Article 83 [Government Participation]
Article 84 [Functions]
Article 85 [International Instruments]
Article 86 [Binding Laws and Resolutions]
Article 87 [Initiative]
Article 88 [Deliberation]
Article 89 [Motion of No Confidence]
Article 90 [Interpellations]
Article 91 [Accountancy Chamber]
Article 92 [Head of State]
Article 93 [Elections]
Article 94 [Vice President]
Article 95 [Re-election, Incompatibility]
Article 96 [Oath]
Article 97 [Resignation, Dismissal]
Article 98 [Functions]
Article 99 [Establishing Government]
Article 100 [Commander-in-Chief, War]
Article 101 [Veto]
Article 102 [Decrees, Addresses]
Article 103 [Immunity, Impeachment]
Article 104 [Devolution of Duties]
Article 105 [Policy, Administration]
Article 106 [Functions]
Article 107 [Ministerial Control]
Article 108 [Composition, Responsibility]
Article 109 [Oath]
Article 110 [Eligibility]
Article 111 [Expiration]
Article 112 [Vote of Confidence]
Article 113 [Incompatibility]
Article 114 [Decrees, Ordinances]
Article 115 [Ministerial Regulations, Orders]
Article 116 [Indepndence, Political Neutrality]
{ Adopted: 12 July 1991 / Status: 12 July 1991 }
We, the Members of the Seventh Grand National Assembly,
guided by our desire to express the will of the people of
Bulgaria, by pledging our loyalty to the universal human values
of liberty, peace, humanism, equality, justice and tolerance; by
elevating as the uppermost principle the rights, dignity and
security of the individual; in awareness of our irrevocable duty
to guard the national and state integrity of Bulgaria, hereby
promulgate our resolve to create a democratic, law-governed
and social state, by establishing this Constitution.
Article 117 [Purpose, Independence]
Article 118 [In the Name of The People]
Article 119 [Court Hierarchy]
Article 120 [Access to Courts]
Article 121 [Equality Before Courts, Publicity]
Article 122 [Right to Counsel]
Article 123 [Court Assessors]
Article 124 [Supreme Court of Cassation]
Article 125 [Supreme Administrative Court]
Article 126 [Prosecutor's Office]
Article 127 [Prosecutor's Functions]
Article 128 [Investigation]
Article 129 [Appointment, Dismissal of Justices]
Article 130 [Supreme Judicial Council]
Article 131 [Secret Ballot]
Article 132 [Immunity]
Article 133 [Legal Procedures]
Article 134 [The Bar]
Article 135 [Territorial Division]
Article 136 [Election, Referendum]
Article 137 [Association of Municipalities]
Article 138 [Municipal Council]
Article 139 [Mayor]
Article 140 [Municipal Property]
Article 141 [Municipal Budget]
Article 142 [Region]
Article 143 [Regional Governor]
Article 144 [Control]
Article 145 [Defence of Autonomy]
Article 146 [Legal Procedures]
Article 147 [Composition, Term, Incompatibility, Immunity]
Article 148 [Resignation, Expiration]
Article 149 [Functions]
Article 150 [Initiatives]
Article 151 [Effect of Rulings]
Article 152 [Legal Procedures]
Article 153 [Amendment by National Assembly]
Article 154 [Amendment Bill]
Article 155 [Majorities]
Article 156 [Promulgation]
Article 157 [Grand National Assembly]
Article 158 [Functions]
Article 159 [Initiative]
Article 160 [Grand National Assembly Elections]
Article 161 [Majority]
Article 162 [Functions]
Article 163 [Promulgation]
Article 164 [Coat of Arms]
Article 165 [State Seal]
Article 166 [National Fla
Article 167 [Usage Regulation]
Article 168 [Anthem]
Article 169 [Capital Sofia]
Section 1 [Grand National Assembly]
Section 2 [Court Functions]
Section 3 [Old Law]
Section 4 [Judicial Branch]
Section 5 [Old Justices]
Section 6 [Media]
Section 7 [National Assembly Elections]
Section 8 [Old Government]
Section 9 [Old Constitution]
(1) All persons are born free
(2) All citizens shall be equal before the law.
The state shall be held liable for any damages caused by
illegitimate rulings or acts on the part of its agencies and
officials.
The power of the state is divided between a legislative, an
executive, and a judicial branch.
The armed forces shall guarantee the sovereignty, security, and
independence of the county and shall defend its territorial
integrity.
All elections and national and local referendums shall be held
on the basis of universal, equal, and direct suffrage by secret
ballot.
(1) Politics in the Republic of Bulgaria shall be founded on the
principle of political plurality.
(2) No political party or ideology shall be proclaimed or
affirmed as a party or ideology of the state.
(3) All parties shall facilitate the formation and expression of
the citizens' political will. The procedure applying to the
formation and dissolution of political parties and the conditions
pertaining to their activity is established by law.
(4) There shall be no political parties on ethnic, racial, or
religious lines, nor parties which seek the violent usurpation of
state power.
(1) The associations of citizens shall serve to meet and
safeguard their interests.
(2) Citizens' associations, including the trade unions, shall not
pursue any political objectives, nor shall they engage in any
political activity which is in the domain of the political parties.
(1) The practicing of any religion is free.
(2) The religious institutions shall be separate from the state.
(3) Eastern Orthodox Christianity is considered the traditional
religion in the Republic of Bulgaria.
(4) Religious institutions and communities and religious beliefs
shall not be used to political ends.
The family, motherhood, and childhood shall enjoy the
protection of the state and society.
The Republic of Bulgaria shall ensure the protection and
reproduction of the environment, the conservation of living
nature in all its variety, and the sensible utilization of the
country's natural and other resources.
Labor is guaranteed and protected by law.
(1) The right to property
(2) Property is private and public.
(3) Private property is inviolable.
(4) The regime applying to the different units of state and
municipal property is established by law.
(5) Forcible expropriation of property in the name of state and
municipal needs shall be effected only by virtue of a law,
provided that these needs cannot be otherwise met, and after
fair compensation has been ensured in advance.
(1) The state shall enjoy exclusive ownership rights over the
nethers of the earth; the coastal beaches; the national
thoroughfares, as well as over waters, forests, and parks of
national importance, and the natural and archaeological reserves
established by law.
(2) The state shall exercise sovereign rights in prospecting
developing, utilizing, protecting, and managing the continental
shelf and the exclusive off-shore economic zone, and the
biological, mineral, and energy resources therein.
(3) The state shall exercise sovereign rights with respect to
radio frequencies and the geostationary orbital positions
assigned by international instruments to the Republic of
Bulgaria.
(4) A state monopoly is establishable by law over railway
transport, the national postal and telecommunication networks,
the use of nuclear energy, the manufacturing of radioactive
products, armaments, explosives, and powerful toxic
substances.
(5) The conditions and procedure by which the state shall grant
concessions over units of property and licenses for the activities
enumerated in the preceding two paragraphs shall be established
by law.
(6) The state shall utilize and manage all the state's assets to the
benefit of citizens and society.
(1) The economy of the Republic of Bulgaria shall be based on
free economic initiative.
(2) The state shall establish and guarantee equal legal conditions
for economic activity to all citizens and corporate entities by
preventing any abuse of a monopoly status and unfair
competition and by protecting the consumer.
(3) All investments and economic activity by Bulgarian and
foreign persons and corporate entities shall enjoy the protection
of the law.
(4) The law shall establish conditions favorable to the setting up
of cooperatives and other forms of association of citizens and
corporate entities in the pursuit of economic and social
prosperity.
The state shall establish conditions favorable to the balanced
development of the different regions of the country and shall
assist the territorial bodies and activities through its fiscal,
credit, and investment policies.
(1) Land, as a chief national asset, shall enjoy particular
protection on the part of the state and society.
(2) Arable land shall be used for agricultural purposes only.
Any change in purposes shall be allowed only in exceptional
circumstances, when necessity has been proven, and on terms
and by a procedure established by law.
(1) No foreign physical person or foreign legal entity shall
acquire ownership over land, except through legal inheritance.
Ownership thus acquired shall be duly transferred.
(2) A foreign physical person or foreign legal entity is free to
acquire user rights, building rights, and other real rights on
terms established by law.
The state shall establish conditions favorable to the free
development of science, education, and the arts, and shall assist
that development. It shall organize the conservation of all
national monuments of history and culture.
(1) The Republic of Bulgaria shall conduct its foreign policy in
accordance with the principles and norms of international law.
(2) The foreign policy of the Republic of Bulgaria shall have as
its uppermost objective the national security and independence
of the country, the well-being and the fundamental rights and
freedoms of the Bulgarian citizens, and the promotion of a just
international order.
Chapter Two Fundamental Rights and Obligations of Citizens
(1) A Bulgarian citizen is anyone born of at least one parent
holding a Bulgarian citizenship, or born on the territory of the
Republic of Bulgaria, should he not be entitled to any other
citizenship by virtue of origin. Bulgarian citizenship shall
further be acquirable through naturalization.
(2) A person of Bulgarian origin shall acquire Bulgarian
citizenship through a facilitated procedure.
(3) No one shall be deprived of a Bulgarian citizenship acquired
by birth.
(4) No citizen of the Republic of Bulgaria shall be expatriated
or extradited to another state.
(5) Any Bulgarian citizen abroad shall be accorded the
protection of the Republic of Bulgaria.
(6) The conditions and procedure for the acquiring,
preservation, or loss of Bulgarian citizenship shall be
established by law.
(1) Irrespective of where they are, all citizens of the Republic
of Bulgaria shall be vested with all rights and obligations
proceeding from this Constitution.
(2) Foreigners residing in the Republic of Bulgaria shall be
vested with all rights and obligations proceeding from this
Constitution, except those rights and obligations for which a
Bulgarian citizenship is required by this Constitution or by
another law.
(1) Foreigners residing legally in the country shall not be
expelled or extradited to another state against their will, except
in accordance with the provisions and the procedures
established by law.
(2) The Republic of Bulgaria shall grant asylum to foreigners
persecuted for their opinions or activity in the defence of
internationally recognized rights and freedoms.
(3) The conditions and procedure for the granting of asylum
shall be established by law.
Everyone shall have the right to life. Any attack upon a human
life shall be punished as a most severe crime.
(1) No one shall be subjected to torture or to cruel, inhuman, or
degrading treatment, or to forcible assimilation.
(2) No one shall be subjected to medical, scientific, or other
experimentation without his voluntary written consent.
(1) Everyone is entitled to personal freedom and inviolability.
(2) No one shall be detained or subjected to inspection, search
or any other infringement of his personal inviolability except on
the conditions and in a manner established by law.
(3) The state authorities shall be free to detain a citizen only in
the urgent circumstances expressly stipulated by law, and shall
immediately advise the judicial authorities accordingly. The
judicial authorities shall rule on the legality of a detention
within the next 24 hours.
(4) Everyone is entitled to legal counsel from the moment of
detention or from the moment of being charged.
(5) Everyone is entitled to meet his legal counsel in private.
The confidentiality of such communication shall be inviolable.
(1) Anyone charged with a crime shall be brought before a
court within the time established by law.
(2) No one shall be forced to plead guilty, and no one shall be
convicted solely by virtue of a confession.
(3) A defendant shall be considered innocent until proven
otherwise by a final verdict.
(4) The rights of a defendant shall not be restricted beyond
what is necessary for the purposes of a fair trial.
(5) Prisoners shall be kept in conditions conducive to the
exercise of those of their fundamental rights which are not
restricted by virtue of their sentence.
(6) Prison sentences shall be served only at the facilities
established by law.
(7) There shall be no limitation to the prosecution and the
execution of a sentence for crimes against peace and humanity.
(1) The privacy of citizens is inviolable. Everyone is entitled to
protection against any illegal interference in his private or
family affairs and against encroachments on his honor, dignity,
and reputation.
(2) No one shall be followed, photographed, filmed, recorded,
or subjected to any other similar activity without his knowledge
or despite his express disapproval, except when such actions are
permitted by law.
(1) The home is inviolable. No one shall enter or stay inside a
home without its occupant's consent, except in the cases
expressly stipulated by law.
(2) Entering a home or staying inside without the consent of its
occupant or without the judicial authorities' permission shall be
allowed only for the purposes of preventing an immediately
impending crime or a crime in progress, for the capture of a
criminal, or in extreme necessity.
(1) The freedom and confidentiality of correspondence and all
other communications is inviolable.
(2) Exceptions to this provision shall be allowed only with the
permission of the judicial authorities for the purpose of
discovering or preventing a grave crime.
(1) Everyone is free to choose a place of residence and has the
right to movement on the territory of the country and to leave
the country. This right shall be restricted only by virtue of a
law in the name of national security, public health, and the
rights and freedoms of other citizens.
(2) Every Bulgarian citizen shall have the right to return to the
country.
(1) The study and use of the Bulgarian language is a right and
obligation of every Bulgarian citizen.
(2) Citizens whose mother tongue is not Bulgarian shall have
the right to study and use their own language alongside the
compulsory study of the Bulgarian language.
(3) The situations in which only the official language shall be
used shall be established by law.
(1) The freedom of conscience, the freedom of thought, and the
choice of religion and of religious or atheistic views are
inviolable
(2) The freedom of conscience and religion shall not be
practiced to the detriment of national security, public order,
public health and morals, or of the rights and freedoms of
others.
No one shall be persecuted or restricted in his rights because of
his views, nor shall be obligated or forced to provide
information about his own or another person's views.
(1) Everyone is entitled to express an opinion or to publicize it
through words, written or oral, sound, or image, or in any
other way.
(2) This right shall not be used to the detriment of the rights
and reputation of others, or for the incitement of a forcible
change of the constitutionally established order, the perpetration
of a crime, or the incitement of enmity or violence against
anyone.
(1) The press and the other mass information media are free
and shall not be subjected to censorship.
(2) An injunction on or a confiscation of printed matter or
another information medium shall be allowed only through an
act of the judicial authorities in the case of an encroachment on
public decency or incitement of a forcible change of the
constitutionally established order, the perpetration of a crime,
or the incitement of violence against anyone. An injunction
suspension shall lose force if not followed by a confiscation
within 24 hours.
(1) Everyone is entitled to seek, obtain, and disseminate
information. This right shall not be exercised to the detriment
of the rights and reputation of others, or to the detriment of
national security, public order, public health, and morality.
(2) Citizens shall be entitled to obtain information from state
bodies and agencies on any matter of legitimate interest to them
which is not a state or official secret and does not affect the
rights of others.
(1) Every citizen above the age of 18, with the exception of
those placed under judicial interdiction or serving a prison
sentence, is free to elect state and local authorities and vote in
referendums.
(2) The organization and procedure for the holding of elections
and referendums shall be established by law.
(1) Citizens shall have the right to peaceful and unarmed
assembly for meetings and manifestations.
(2) The procedure for the organizing and holding of meetings
and manifestations shall be established by law.
(3) No notice to the municipal authorities shall be required for
meetings held indoors.
(1) Citizens shall be free to associate.
(2) No organization shall act to the detriment of the country's
sovereignty and national integrity, or the unity of the nation,
nor shall it incite racial, national, ethnic, or religious enmity or
an encroachment on the rights and freedoms of citizens; no
organization shall establish clandestine or paramilitary structures
or shall seek to attain its aims through violence.
(3) The law shall establish which organizations shall be subject
to registration, the procedure for their termination, and their
relationships with the state.
Citizens have the right to lodge complaints, proposals, and
petitions with the state authorities.
(1) Matrimony is a free union between a man and a woman.
Only a civil marriage shall be legal.
(2) Spouses shall have equal rights and obligations in
matrimony and the family.
(3) The form of a marriage, the conditions and procedure for its
conclusion and termination, and all private and material
relations between the spouses shall be established by law.
(1) The raising and upbringing of children until they come of
legal age shall be a right and obligation of their parents and
shall be assisted by the state.
(2) Mothers shall be the object of the state and shall be
guaranteed prenatal and postnatal leave, free obstetric care,
alleviated working conditions, and other social assistance.
(3) Children born out of wedlock shall enjoy equal rights with
those born in wedlock.
(4) Abandoned children shall enjoy the protection of the state
and society.
(5) The conditions and procedure for the restriction or
suspension of parental rights shall be established by law.
(1) Citizens shall have the right to work. The state shall take
care to provide conditions for the exercising of this right.
(2) The state shall create conditions favorable to the exercise of
the right to work by the physically or mentally handicapped.
(3) Everyone is free to choose an occupation and place of work.
(4) No one shall be compelled to do forced labor.
(5) Workers and employees shall be entitled to healthy and
non-hazardous working conditions, to guaranteed minimum pay
and remuneration for the actual work performed, and to rest
and leave, in accordance with conditions and procedures
established by law.
(1) Workers and employees shall be free to form trade union
organizations and alliances in defence of their interests related
to work and social security.
(2) Employers shall be free to associate in defence of their
economic interests.
Workers and employees shall have the right to strike in defence
of their collective economic and social interests. This right
shall be exercised in accordance with conditions and procedures
established by law.
(1) Citizens shall have the right to social security and welfare
aid.
(2) The state shall provide social security for the temporarily
unemployed in accordance with conditions and procedures
established by law.
(3) The aged without relatives and unable to support
themselves, as well as the physically and mentally handicapped
shall enjoy the special protection of the state and society.
(1) Citizens shall have the right to medical insurance
guaranteeing them affordable medical care, and to free medical
care in accordance with conditions and procedures established
by law.
(2) Citizens' medical care shall be financed from the state
budget, by employers, through private and collective
health-insurance schemes, and from other sources in accordance
with conditions and procedures established by law.
(3) The state shall protect the health of citizens and shall
promote the development of sports and tourism.
(4) No one shall be subjected to forcible medical treatment or
sanitary measures except in circumstances established by law.
(5) The state shall exercise control over all medical facilities
and over the production and trade in pharmaceuticals,
biologically active substances, and medical equipment.
(1) Everyone shall have the right to education.
(2) School attendance up to the age of 16 is compulsory.
(3) Primary and secondary education in state and municipal
schools is free. In circumstances established by law, the higher
educational establishments shall provide education free of
charge.
(4) Higher educational establishments shall enjoy academic
autonomy.
(5) Citizens and organizations shall be free to found schools in
accordance with conditions and procedures established by law.
The education they provide shall fit the requirements of the
state.
(6) The state shall promote education by opening and financing
schools, by supporting capable school and university students,
and by providing opportunities for occupational training and
retraining. It shall exercise control over all kinds and levels of
schooling.
(1) Everyone shall have the right to avail himself of the national
and universal human cultural values and to develop his own
culture in accordance with his ethnic self-identification, which
shall be recognized and guaranteed by the law.
(2) Artistic, scientific, and technological creativity shall be
recognized and guaranteed by the law.
(3) The state shall protect all inventors' rights, copyrights, and
related rights.
Citizens shall have the right to a healthy and favorable
environment corresponding to the established standards and
norms. They shall protect the environment.
Everyone shall have the right to legal defence whenever his
rights or legitimate interests are violated or endangered. He
shall have the right to be accompanied by legal counsel when
appearing before an agency of the state.
(1) The fundamental civil rights shall be irrevocable.
(2) Rights shall not be abused, nor shall they be exercised to
the detriment of the rights or the legitimate interests of others.
(3) Following a proclamation of war, martial law, or a state of
emergency the exercise of individual civil rights may be
temporarily curtailed by law, except for the rights established
by Article 28, 29, 31 (1)-(3), 32 (1), and 37.
(1) Citizens shall observe and implement the Constitution and
the laws. They shall respect the rights and the legitimate
interests of others.
(2) Obligations established by the Constitution and the law shall
not be defaulted upon on grounds of religious or other
convictions.
(1) To defend the country shall be a duty and a matter of honor
of every Bulgarian citizen. High treason and betrayal of the
country shall be treated as crimes of utmost gravity and shall be
punished with all the severity of the law.
(2) The carrying out of military obligations, and the conditions
and procedure for exemption therefrom or for replacing them
with alternative service, shall be established by law.
(1) Citizens shall pay taxes and duties established by law
proportionately to their income and property.
(2) Any tax concession or surtax shall be established by law.
Citizens shall assist the state and society in the case of a natural
or other disaster, on conditions and in a manner established by
law.
Chapter Three National Assembly
The National Assembly is vested with the legislative authority
and shall exercise parliamentary control.
The National Assembly shall consist of 240 members.
(1) The National Assembly is elected for a term of four years.
(2) In case of war, armed hostilities, or another state of
emergency occurring during or after the expiry of the National
Assembly's term, its mandate shall be extended until the expiry
of the circumstances.
(3) Elections for a new National Assembly shall be held within
two months from the expiry of the mandate of the preceding
one.
(1) Eligible for election to the National Assembly is any
Bulgarian citizen who does not hold another citizenship, is
above the age of 21, is not under a judicial interdiction, and is
not serving a prison sentence.
(2) A candidate for a National Assembly seat holding a state
post shall resign upon the registration of his candidacy.
The legitimacy of an election may be contested before the
Constitutional Court by a procedure established by law.
(1) Members of the National Assembly shall represent not only
their constituencies but the entire nation. No Member shall be
held to a mandatory mandate.
(2) Members of the National Assembly shall act on the basis of
the Constitution and the laws and in accordance with their
conscience and convictions.
(1) A Member of the National Assembly shall not occupy
another state post, nor shall engage in any other activity which
the law defines as incompatible with the status of a Member of
the National Assembly.
(2) A Member of the National Assembly elected as a minister
shall cease to serve as a Member during his term of office as a
minister. During that period, he shall be substituted in the
National Assembly in a manner established by law.
Members of the National Assembly shall not be held criminally
liable for their opinions or votes in the National Assembly.
A Member of the National Assembly is immune from detention
or criminal prosecution except for the perpetration of a grave
crime, when a warrant from the National Assembly or, in
between its session, from the Chairman of the National
Assembly, is required. No warrant shall be required when a
Member is detained in the course of committing a grave crime;
the National Assembly or, in between its session, the Chairman
of the National Assembly, shall be notified forthwith.
The National Assembly shall establish the emoluments of its
Members.
(1) A Member's prerogatives shall expire before the expiry of
his term of office upon any of the following
occurrences:
1) resignation presented before the National Assembly;
2) enforcement of a prison sentence for an intentional crime, or
of an unsuspended prison sentence;
3) establishment of ineligibility or incompatibility.
(2) Instances 1 and 2 shall require a resolution of the National
Assembly; instance 3 shall require a ruling by the Constitutional
Court.
The National Assembly is organized and shall act in accordance
with the Constitution and its own internal rules.
The National Assembly is a permanently acting body. It is free
to determine its recesses.
A newly elected National Assembly shall be convened for a
first session by the President of the Republic within a month
following its election. Should the President fail to do so, it
shall be convened by one-fifth of the Members of the National
Assembly.
(1) The first session of the National Assembly shall be opened
by the senior present Member.
(2) At the first session the Members shall swear the following
oath:
"I swear in the name of the Republic of Bulgaria to observe the
Constitution and the laws of the country and in all my actions to
be guided by the interests of the people. I am sworn."
(3) The National Assembly shall elect at the same session its
Chairman and Vice Chairmen.
(1) The Chairman of the National Assembly shall:
1) represent the National Assembly;
2) propose the agenda for each session;
3) open, chair and close the sessions of the National Assembly
and maintain orderly proceedings;
4) attest by his signature the contents of the acts passed by the
National Assembly;
5) promulgate all resolutions, declarations, and addresses passed
by the National Assembly;
6) organize the National Assembly's international contacts.
(2) The Vice Chairmen of the National Assembly shall assist
the Chairman and carry out any activities devolved by him.
The National Assembly shall be convened for its sessions by its
Chairman:
1) on his own initiative;
2) at the request of one-fifth of its members;
3) at the request of the President;
4) at the request of the Council of Ministers.
(1) The National Assembly shall elect permanent and ad hoc
committees from among its Members.
(2) The permanent committees shall aid the work of the
National Assembly and shall exercise parliamentary control on
its behalf.
(3) Ad hoc committees shall be elected to conduct inquiries and
investigations.
Any official or citizen summoned by a parliamentary
commission is obliged to testify and present any required
documents.
(1) The National Assembly is free to hold a session and pass
resolutions when more than half of its Members are present.
(2) The National Assembly shall pass laws and other acts by a
majority of more than one-half of the present Members, except
when a qualified majority is required by the Constitution.
(3) Voting is personal and open, except when the Constitution
requires or the National Assembly resolves on a secret ballot.
Sessions of the National Assembly shall be public. The
National Assembly may by exception resolve to hold some
sessions behind closed doors.
(1) Ministers shall be free to attend the sessions of the National
Assembly and the parliamentary committees. They shall be
given priority in addressing the Members.
(2) The National Assembly and the parliamentary committees
shall be free to order ministers to attend their sessions and
respond to questions.
The National Assembly shall:
1) pass, amend, and rescind the laws
2) pass the state budget bill and the budget report
3) establish the taxes and their size;
4) schedule the elections for a President of the
Republic;
5) resolve on the holding of a national referendum;
6) elect and dismiss the Prime Minister and, on his motion, the
members of the Council of Ministers; effect changes in the
government on a motion from the Prime Minister;
7) create, transform and close down ministries on a motion
from the Prime Minister;
8) elect and dismiss the Governor of the Bulgarian National
Bank and the heads of other institutions established by
law;
9) approve state-loan agreements;
10) resolve on the declaration of war and conclusion of
peace;
11) approve any deployment and use of Bulgarian armed forces
outside the country's borders, and the deployment of foreign
troops on the territory of the country or their crossing of that
territory;
12) on a motion from the President or the Council of Ministers,
introduce martial law or a state of emergency on all or part of
the country's territory;
13) grant amnesty;
14) institute orders and medals;
15) establish the official holidays.
(1) The National Assembly shall ratify or denounce by law all
international instruments which:
1) are of a political or military nature;
2) concern the Republic of Bulgaria's participation in
international organizations;
3) envisage corrections to the borders of the Republic of
Bulgaria;
4) contain obligations for the treasury;
5) envisage the state's participation in international arbitration
or legal proceedings;
6) concern fundamental human rights;
7) affect the action of the law or require new legislation in
order to be enforced;
8) expressly require ratification.
(2) Treaties ratified by the National Assembly may be amended
or denounced only by their built-in procedure or in accordance
with the universally acknowledged norms of international law.
(3) The conclusion of an international treaty requiring an
amendment to the Constitution shall be preceded by the passage
of such an amendment.
(1) The National Assembly shall pass laws, resolutions,
declarations, and addresses.
(2) The laws and resolutions passed by the National Assembly
shall be binding on all state bodies, all organizations, and all
citizens.
(1) Any Member of the National Assembly or the Council of
Ministers shall have the right to introduce a bill.
(2) The State Budget Bill shall be drawn up and presented by
the Council of Ministers.
(1) Bills shall be read and voted upon twice, during different
sessions. By way of exception, the National Assembly may
resolve to hold both ballots during a single session.
(2) All other acts of the National Assembly shall require a
single ballot.
(3) Each passed act is promulgated in The National Gazette
within 15 days from its passage.
(1) A motion of no confidence in the in the Council of
Ministers shall require a seconding by one-fifth or more of the
Members of the National Assembly. To be passed, the motion
shall require a majority of more than half of the votes of all
National Assembly Members.
(2) Should the National Assembly vote no confidence in the
Prime Minister or the Council of Ministers, the Prime Minister
shall hand in his government's resignation.
(3) Should the National Assembly reject a vote of no confidence
in the Council of Ministers, the next motion for a vote of no
confidence on the same grounds shall not be made before the
expiry of six months.
(1) Members of the National Assembly shall have the right to
address questions and interpellations to the Council of Ministers
and to individual ministers, who shall be obligated to respond.
(2) A mation by one-fifth of the Members of the National
Assembly shall be required to turn an interpellation into a
debate on which a resolution shall be passed.
(1) The National Assembly shall establish an Accountancy
Chamber to control the implementation of the budget.
(2) The organization, authority, and procedures by which the
Accountancy Chamber shall act shall be established by law.
Chapter Four President of the Republic
(1) The President is the head of state
(2) The President shall be assisted in his actions by a Vice
President.
(1) The President is elected directly by the voters for a period
of five years by a procedure established by law.
(2) Eligible for President is any natural-born Bulgarian citizen
over 40 years of age and qualified to be elected to the National
Assembly, who has resided in the country for the five years
preceding the election.
(3) To be elected, a candidate shall require more than one-half
of the valid ballots, provided that more than half of all eligible
voters have cast their ballots in the election.
(4) Should none of the candidates for President be elected, a
runoff vote is held within seven days between the two top
candidates. The winner is the candidate who wins the majority
of the vote.
(5) A presidential election shall be held not earlier than three
months and not later than two months before the expiry of the
term of office of the incumbent President.
(6) The Constitutional Court shall rule upon any challenge to
the legality of a presidential election within a month's time after
the election.
The Vice President is elected at the same time and on the same
ticket as the President, on the same conditions and by the same
procedure.
(1) The President and the Vice President shall be eligible for
only one re-election to the same office.
(2) The President and the Vice President shall not serve as
Members of the National Assembly or engage in any other
state, public or economic activity, nor shall they participate in
the leadership of any political party.
The President and the Vice President shall swear before the
National Assembly the oath established by Article 76 (2).
(1) The President's or Vice President's authority shall expire
before the expiry of his term of office upon any of the
following occurrences:
1) resignation submitted before the Constitutional Court;
2) lasting incapacitation caused by a grave illness;
3) following Article 103;
4) death.
(2) In instances 1 and 2, the prerogatives of the President or
Vice President shall be suspended upon the Constitutional
Court's establishing the existence of the respective
circumstances.
(3) In instance 1, the Vice President shall assume the duties of
the President until the expiry of the term of office.
(4) Should the Vice President be incapable of assuming the
President's duties, the President's prerogatives shall be assumed
by the Chairman of the National Assembly until the election of
a new President and Vice President. Elections for President
and Vice President shall then be held within two months.
The President of the Republic shall:
1) schedule the elections for a National Assembly and for the
bodies of local self-government and shall set the date for
national referendums pursuant to a resolution of the National
Assembly;
2) address the Nation and the National Assembly;
3) conclude international treaties in the circumstances
established by the law;
4) promulgate the laws;
5) on a motion from the Council of Ministers, determine the
borders of the administrative territorial units and their
centres;
6) on a motion from the Council of Ministers, appoint and
dismiss the heads of the Republic of Bulgaria's diplomatic and
permanent missions at international organizations, and receive
the credentials and the letters of recall of the foreign diplomatic
representatives to this country;
7) appoint and dismiss from office other state officials,
established by law;
8) award orders and medals;
9) grant, restore, relieve from and withdraw Bulgarian
citizenship;
10) grant asylum;
11) exercise the right to pardon;
12) cancel uncollectible debts to the state;
13) name landmarks and communities of national
importance;
14) inform the National Assembly on basic problems within his
prerogatives.
(1) Following consultations with the parliamentary groups, the
President shall appoint the Prime Minister candidate nominated
by the party holding the highest number of seats in the National
Assembly to form a government.
(2) Should the Prime Minister candidate fail to form a
government within seven days, the President shall entrust this
task to a Prime Minister candidate nominated by the second
largest parliamentary group.
(3) Should the new Prime Minister candidate also fail to form a
government within the period established by the preceding
paragraph, the President shall entrust the task to a Prime
Minister candidate nominated by one of the minor parliamentary
groups.
(4) Should the consultations prove successful, the President
shall ask the National Assembly to elect the Prime Minister
candidate.
(5) Absent an agreement on the formation of a government, the
President shall appoint a caretaker government, dissolve the
National Assembly and schedule new elections within the period
established by Article 64 (3). The President's act on the
dissolution of the National Assembly shall also establish the
date of the new general elections.
(6) The procedure for forming a government established by the
preceding paragraphs shall further apply in the instances
envisaged by Article 111 (1).
(7) In the instances envisaged by Paragraphs (5) and (6), the
President shall not dissolve the National Assembly during the
last three months of his term of office. Should Parliament fail
to form a government within the established period, the
President shall appoint a caretaker government.
(1) The President is the Supreme Commander-in-Chief of the
Armed Forces of the Republic of Bulgaria.
(2) The President shall appoint and dismiss the higher command
of the Armed Forces and shall bestow all higher military ranks
on a motion from the Council of Ministers.
(3) The President shall preside over the Consultative National
Security Council, the status of which is established by law.
(4) The President shall proclaim general or partial mobilization
on a motion from the Council of Ministers in accordance with
the law.
(5) The President shall proclaim a state of war in the case of an
armed attack against Bulgaria or whenever urgent actions are
required by virtue of an international commitment, or shall
proclaim martial law or any other state of emergency whenever
the National Assembly is not in session and cannot be
convened. The National Assembly shall then be convened
forthwith to endorse the decision.
(1) Within the term established by Article 88 (3), the
President is free to return a bill together with his motives to the
National Assembly for further debate, which shall not be
denied.
(2) The new passage of such a bill shall require a majority of
more than half of all Members of the National Assembly.
(3) Following a new passage of the bill by the National
Assembly, the President shall promulgate it within seven days
following its receipt.
(1) Within the prerogatives vested in him, the President shall
issue decrees, addresses, and messages.
(2) The President's decrees shall be countersigned by the Prime
Minister or the minister concerned.
(3) No countersigning is required for decrees pertaining
to:
1) the appointment of a caretaker government;
2) the appointment of a Prime Minister candidate;
3) dissolution of the National Assembly;
4) return of a bill to the National Assembly for further
debate;
5) the organization and manner of action of the offices of the
Presidency and the appointment of their staff;
6) the scheduling of an election or referendum;
7) the promulgation of a law.
(1) The President and Vice President shall not be held liable for
actions committed in the performance of their duties, except for
high treason, or a violation of the Constitution.
(2) An impeachment shall require a motion from no fewer than
one-fourth of all Members of the National Assembly and shall
stand if supported by more than two-thirds of the Members.
(3) An impeachment against the President or Vice President
shall be tried by the Constitutional Court within a month
following the lodging of the impeachment. Should the
Constitutional Court convict the President or Vice President of
high treason, or of a violation of the Constitution, the
President's or Vice President's prerogatives shall be suspended.
(4) No one shall place the President or the Vice President under
detention, nor shall initiate criminal proceedings against them.
The President is free to devolve to the Vice President the
prerogatives established by Article 98 Sub-Paragraphs 7, 9,
10 and 11.
Chapter Five Council of Ministers
(1) The Council of Ministers shall head the implementation of
the state's domestic and foreign policy.
(2) The Council of Ministers shall ensure the public order and
national security and shall exercise overall guidance over the
state administration and the Armed Forces.
The Council of Ministers shall:
- manage the implementation of the state budget;
- organize the management of the state's assets; and
- conclude, confirm, or denounce international treaties when
authorized to do so by law.
The Council of Ministers shall rescind any illegitimate or
improper act issued by a minister.
(1) The Council of Ministers shall consist of a Prime Minister,
Deputy Prime Ministers, and ministers.
(2) The Prime Minister shall head, coordinate, and bear
responsibility for the overall policy of the government. He
shall appoint and dismiss the deputy ministers.
(3) Each member of the Council of Ministers shall head a
ministry, except insofar as the National Assembly resolves
otherwise. Each minister shall account for his own activity.
The members of the Council of Ministers shall swear before the
National Assembly the oath established by Article 76 (2).
Eligible for election to the Council of Ministers shall be any
Bulgarian citizen qualified to be elected to the National
Assembly.
(1) The authority of the Council of Ministers shall expire upon
any of the following occurrences:
1) a vote of no confidence in the Council of Ministers or the
Prime Minister;
2) the resignation of the Council of Ministers or the Prime
Minister;
3) death of the Prime Minister.
(2) The Council of Ministers shall hand in its resignation before
the newly elected National Assembly.
(3) Should any of the above occur, the Council of Ministers
shall continue to act until the election of a new Council of
Ministers.
(1) The Council of Ministers is free to ask for the National
Assembly's vote of confidence in its overall policy, its program
declaration, or on a specific issue. A resolution shall require a
majority of more than half of the votes of the National
Assembly Members present.
(2) Should the Council of Ministers fail to receive the requested
vote of confidence, the Prime Minister shall hand in the
government's resignation.
(1) A member of the Council of Ministers shall not hold a post
or engage in any activity incompatible with the status of a
Member of the National Assembly.
(2) The National Assembly is free to determine any other post
or activity which a member of the Council of Ministers shall
not hold or engage in.
Pursuant to and in implementation of the laws, the Council of
Ministers shall adopt decrees, ordinances, and resolutions. The
Council of Ministers shall promulgate rules and regulations by
decree.
A minister shall issue rules, regulations, instructions, and
orders.
(1) State employees shall be the executors of the nation's will
and interests. In the performance of their duty they shall be
guided solely by the law and shall be politically neutral.
(2) A law shall establish the conditions for the appointment and
dismissal of state employees and the conditions on which they
shall be free to belong to political parties and trade unions, as
well as to exercise their right to strike.
Bulgaria - Constitution
Chapter Six Judicial Power
(1) The judicial branch of government shall safeguard the rights
and legitimate interests of all citizens, legal entities, and the
state.
(2) The judicial branch is independent
(3) The judicial branch of government shall have an
independent budget.
All judicial power is exercised in the name of the people.
(1) Justice is administered by the Supreme Court of Cassation,
the Supreme Administrative Court, courts of appeals, courts of
assizes, courts-martial and district courts.
(2) Specialized courts may be set up by virtue of a law.
(3) There shall be no extraordinary courts.
(1) The courts shall supervise the legality of the acts and actions
of the administrative bodies.
(2) Citizens and legal entities shall be free to contest any
administrative act which affects them, except those listed
expressly by the laws.
(1) The courts shall ensure the equality and mutual
challengeability of the parties to a judicial trial.
(2) Judicial proceedings shall ensure the establishment of truth.
(3) All courts shall conduct their hearings in public, unless
provided otherwise by law.
(4) All court rulings shall be motivated.
(1) Citizens and legal entities shall have the right to legal
counsel at all stages of a trial.
(2) The procedure by which the right to legal counsel is
practiced shall be established by law.
Court assessors shall participate in the trial process in certain
cases established by law.
The Supreme Court of Cassation shall exercise supreme judicial
oversight as to the precise and equal application of the law by
all courts.
(1) The Supreme Administrative Court shall exercise supreme
judicial oversight as to the precise and equal application of the
law in administrative justice.
(2) The Supreme Administrative Court shall rule on all
challenges to the legality of acts of the Council of Ministers and
the individual ministers, and of other acts established by law.
(1) The structure of the prosecutors' office shall correspond to
that of the courts.
(2) The Chief Prosecutor shall oversee the legality and provide
methodological guidance to all other prosecutors.
The Prosecutor's Office shall ensure that legality is
observed:
1) by bringing charges against criminal suspects and supporting
the charges in common criminal trials;
2) by overseeing the enforcement of penalties and other
measures of compulsion;
3) by acting for the rescindment of all illegitimate acts;
4) by taking part in civil and administrative suits whenever
required to do so by law.
The investigating bodies shall be within the system of the
judicial branch. They shall perform the preliminary
investigation in criminal cases.
(1) Justices, prosecutors, and investigating magistrates are
elected, promoted, demoted, reassigned, and dismissed by the
Supreme Judicial Council.
(2) The Chairman of the Supreme Court of Cassation, the
Chairman of the Supreme Administrative Court, and the Chief
Prosecutor shall be appointed and dismissed by the President of
the Republic on a motion from the Supreme Judicial Council for
a period of seven years, and shall not be eligible for a second
term in office. The President shall not deny an appointment or
dismissal on a repeated motion.
(3) Justices, prosecutors, and investigating magistrates shall
become unsubstitutable upon completing a third year in the
respective office. They shall be dismissed only upon
retirement, resignation, upon the enforcement of a prison
sentence for a deliberate crime, or upon lasting actual disability
to perform their functions over more than one year.
(1) The Supreme Judicial Council shall consist of 25 members.
Sitting on it ex officio shall be the Chairman of the Supreme
Court of Cassation, the Chairman of the Supreme
Administrative Court, and the Chief Prosecutor.
(2) Eligible for election to the Supreme Judicial Council besides
its ex officio members shall be practicing lawyers of high
professional and moral integrity with at least 15 years of
professional experience.
(3) Eleven of the members of the Supreme Judicial Council
shall be elected by the National Assembly, and eleven shall be
elected by the bodies of the judicial branch.
(4) The elected members of the Supreme Judicial Council shall
serve terms of five years. They shall not be eligible for
immediate re-election.
(5) The meetings of the Supreme Judicial Council shall be
chaired by the Minister of Justice, who shall not be entitled to a
vote.
Any resolution of the Supreme Judicial Council to appoint,
promote, demote, reassign, or dismiss a justice, a prosecutor or
an investigating magistrate, or a resolution pursuant to
Article 129 (2), shall be passed by a secret ballot.
(1) Justices, prosecutors, and investigating magistrates shall
enjoy the same immunity as the Members of the National
Assembly.
(2) The immunity of a justice, prosecutor, or investigating
magistrate shall be lifted by the Supreme Judicial Council only
in the circumstances established by the law.
The organization and the activity of the Supreme Judicial
Council, of the courts, the prosecution and the investigation, the
status of the justices, prosecutors and investigating magistrates,
the conditions and the procedure for the appointment and
dismissal of justices, court assessors, prosecutors, and
investigating magistrates, and the materialization of their
liability shall be established by law.
(1) The bar is free, independent, and autonomous. It shall
assist citizens and legal entities in the defence of their rights and
legitimate interests.
(2) The organization and manner of activity of the bar shall be
established by law.
Chapter Seven Local Self-Government and Local Administration
(1) The territory of the Republic of Bulgaria is divided into
municipalities and regions. The territorial division and the
prerogatives of the Capital and the other major cities shall be
established by law.
(2) Other administrative territorial units and bodies of
self-government shall be establishable by law.
(1) A municipality is the basic administrative territorial unit at
the level of which self-government shall be practiced
(2) The borders of a municipality shall be established following
a referendum of the populace.
(3) A municipality shall be a legal entity.
(1) Municipalities shall be free to associate in the solution of
common matters.
(2) The law shall establish conditions conducive to association
among municipalities.
The body of local self-government within a municipality shall
be a municipal council elected directly by the populace for a
term of four years by a procedure established by law.
(1) The mayor is the body of executive power within a
municipality. He is elected by the municipal council for a term
of four years by a procedure established by law.
(2) In his activity a mayor shall be guided by the law, the acts
of the municipal council, and the sense of the populace.
A municipality is entitled to own municipal property, which it
shall use to the interest of the territorial community.
(1) A municipality shall have its own budget.
(2) A municipality's permanent sources of revenue shall be
established by law.
(3) The state shall ensure the normal work of the municipalities
through budget appropriations and other means.
A region is an administrative territorial unit entrusted with the
conduct of a regional policy, the implementation of state
government on a local level, and the ensuring of harmony of
national and local interests.
(1) Each region is governed by a regional governor aided by a
regional administration.
(2) A regional governor is appointed by the Council of
Ministers.
(3) The regional governor shall ensure the implementation of
the state's policy, the safeguarding of the national interests, law
and public order, and shall exercise administrative control.
The central bodies of state and their local representatives shall
exercise control over the legality of the acts of the bodies of
local government only when authorized to do so by law.
A municipal council is free to challenge before a court any act
which encroaches on its rights.
The organization and the procedures of the bodies of local
self-government and local administration shall be established by
law.
Chapter Eight Constitutional Court
(1) The Constitutional Court shall consist of 12 justices,
one-third of whom shall be elected by the National Assembly,
one-third shall be appointed by the President, and one-third
shall be elected by a joint meeting of the justices of the
Supreme Court of Cassation and the Supreme Administrative
Court.
(2) The justices of the Constitutional Court shall be elected or
appointed for a period of nine years and shall not be eligible for
re-election or re-appointment. The make-up of the
Constitutional Court shall be renewed every three years from
each quota, in a rotation order established by law.
(3) The justices of the Constitutional Court shall be lawyers of
high professional and moral integrity and with at least fifteen
years of professional experience.
(4) The justices of the Constitutional Court shall elect by secret
ballot a Chairman of the Court for a period of three years.
(5) The status of a justice of the Constitutional Court shall be
incompatible with a representative mandate, or any state or
public post, or membership in a political party or trade union,
or with the practicing of a free, commercial, or any other paid
occupation.
(6) A justice of the Constitutional Court shall enjoy the same
immunity as a Member of the National Assembly.
(1) The mandate of a justice of the Constitutional Court shall
expire upon any of the following occurrences:
1) the expiry of the term of office;
2) resignation submitted before the Constitutional Court;
3) the enforcement of a prison sentence for a deliberate
crime;
4) actual incapacitation which has lasted for more than one
year;
5) incompatibility with an office or activity pursuant to
Article 147 (5);
6) death.
(2) The Constitutional Court shall lift a justice's immunity or
establish his actual incapacity to perform his duties by a secret
ballot requiring a majority of at least two-thirds of the votes of
all justices.
(3) Should the mandate of a Constitutional Court justice be
terminated, a new justice from the same quota shall be
appointed or elected within one month.
(1) The Constitutional Court shall:
1) provide binding interpretations of the Constitution;
2) rule on challenges to the constitutionality of the laws and
other acts passed by the National Assembly and the acts of the
President;
3) rule on competence suits between the National Assembly the
President and the Council of Ministers, and between the bodies
of local self-government and the central executive branch of
government;
4) rule on the compatibility between the Constitution and the
international instruments concluded by the Republic of Bulgaria
prior to their ratification, and on the compatibility of domestic
laws with the universally recognized norms of international law
and the international instruments to which Bulgaria is a
party;
5) rule on challenges to the constitutionality of political parties
and associations;
6) rule on challenges to the legality of the election of the
President and Vice President;
7) rule on challenges to the legality of an election of a Member
of the National Assembly;
8) rule on impeachments by the National Assembly against the
President or the Vice President.
(2) No authority of the Constitutional Court shall be vested or
suspended by law.
(1) The Constitutional Court shall act on an initiative from not
fewer than one-fifth of all Members of the National Assembly,
the President, the Council of Ministers, the Supreme Court of
Cassation, the Supreme Administrative Court, or the Chief
Prosecutor. A challenge to competence pursuant to Paragraph
(1.3) of the preceding Article may further be filed by a
municipal council.
(2) Should it find a discrepancy between a law and the
Constitution, the Supreme Court of Cassation or the Supreme
Administrative Court shall suspend the proceedings on a case
and shall refer the matter to the Constitutional Court.
(1) A ruling of the Constitutional Court shall require a majority
of more than half of the votes of all justices.
(2) Rulings of the Constitutional Court shall be promulgated in
The National Gazette within 15 days from the date on which
they are issued. A ruling shall come into force three days after
its promulgation. Any act found to be unconstitutional shall
cease to apply as of the date on which the ruling shall come
into force.
(3) Any portion of a law which is not ruled unconstitutional
shall remain in force.
The organization and the manner of proceeding of the
Constitutional Court shall be established by law.
Chapter Nine Amendments to the Constitution, Adoption of a new Constitution
The National Assembly is free to amend all provisions of the
Constitution except those within the prerogatives of the Grand
National Assembly.
(1) The initiative to introduce a constitutional amendment bill
shall belong to one-fourth of the Members of the National
Assembly and to the President.
(2) An amendment bill shall be debated by the National
Assembly not earlier than one month and not later than three
months from the date on which it is introduced.
(1) A constitutional amendment shall require a majority of
three-fourths of the votes of all Members of the National
Assembly in three ballots on three different days.
(2) A bill which has received less than three-fourths but more
than two-thirds of the votes of all Members shall be eligible for
reintroduction after not fewer than two months and not more
than five months. To be passed at this new reading, the bill
shall require a majority of two-thirds of the votes of all
Members.
An amendment to the Constitution is signed and promulgated in
The National Gazette by the Chairman of the Grand National
Assembly within seven days following its passage.
A Grand National Assembly shall consist of 400 Members
elected by the generally established procedure.
A Grand National Assembly shall:
1) adopt a new Constitution;
2) resolve on any changes in the territory of the Republic of
Bulgaria and ratify any international instrument envisaging such
a change;
3) resolve on any changes in the form of state structure or form
of government;
4) resolve on any amendment to Article 5 (2) and (4)
and Article 57 (1) and (3);
5) resolve on any amendment to Chapter Nine.
(1) The initiative to introduce an amendment bill pursuant to the
preceding Article shall belong to one-third of the Members of
the National Assembly and to the President.
(2) The draft of a new constitution or a proposed amendment to
the existing Constitution, and any bill to introduce a change in
the territory of the country pursuant to Article 158 shall be
debated by the National Assembly not earlier than two months
and not later than five months from the date on which it is
introduced.
(1) A resolution by the National Assembly announcing elections
for a Grand National Assembly shall require a majority of
two-thirds of the votes of all Members.
(2) The President shall schedule the elections for a Grand
National Assembly within three months from the passage of the
National Assembly's resolution.
(3) The mandate of the National Assembly shall expire with the
holding of the elections for a Grand National Assembly.
To pass a bill, the Grand National Assembly shall require a
majority of two-thirds of the votes of all Members, in three
ballots on three different days.
(1) A Grand National Assembly shall resolve only on the
constitutional amendment bills for which it has been elected.
(2) In an emergency, a Grand National Assembly shall further
perform the functions of a National Assembly.
(3) The prerogatives of a Grand National Assembly shall expire
after it resolves on all matters for which it has been elected.
The President shall then schedule elections by a procedure
established by law.
An act of the Grand National Assembly is signed and
promulgated in The National Gazette by the Assembly's
Chairman within seven days following its passage.
Chapter Ten Coat of Arms, Seal, Flag, Anthem, Capital
The Coat of Arms of the Republic of Bulgaria shall depict a
gold lion rampant on a dark gules shield.
The State Seal shall depict the Coat of Arms of the Republic of
Bulgaria.
]
The Flag of the Republic of Bulgaria is a tricolor: white, green,
and red from top, placed horizontally.
The rules for the placing of the State Seal and the display of the
National Flag is established by law.
The Anthem of the Republic of Bulgaria is the song "Mila
Rodino".
The Republic of Bulgaria shall have for its Capital the City of
Sofia.
[Chapter Eleven] Transitional and Concluding Provisions
(1) The Grand National Assembly shall dissolve itself after the
adoption of the Constitution.
(2) The Grand National Assembly shall continue to function as
a National Assembly until the election of a new National
Assembly. Within this term, it shall pass bills for the election
of a new National Assembly, a President, bodies of local
self-government, and other bills. The Constitutional Court and
the Supreme Judicial Council shall be established within the
same term.
(3) The Members of the National Assembly, the President, the
Vice President, and the members of the Council of Ministers
shall swear the oath established by this Constitution at the first
session of the National Assembly following the coming into
force of this Constitution.
Pending the election of a Supreme Court of Cassation and a
Supreme Administrative Court, their prerogatives pursuant to
Article 130 (3) and Article 147 (1) shall be
exercised by the Supreme Court of the Republic of Bulgaria.
(1) The provisions of the existing laws shall be applicable
insofar as they do not contravene the Constitution.
(2) Within a year from this Constitution's coming into force,
the National Assembly shall rescind those provisions of the
existing laws which have not been rescinded by virtue of the
direct force of the Constitution pursuant to its Article 5
(2).
(3) The laws required expressly by this Constitution shall be
passed by the National Assembly within three years.
The organization of the judicial branch of government
established by the Constitution shall come into force following
the passage of the new structural and procedural laws within the
term established by Section 3 (2).
Justices, prosecutors, and investigating magistrates shall become
un-substitutable if within three months of its formation the
Supreme Judicial Council does not rule that they lack the
necessary professional merits.
Pending the passage of new legislation concerning the Bulgarian
National Television, the Bulgarian National Radio and the
Bulgarian News Agency, the National Assembly shall practice
the prerogatives vested in the Grand National Assembly with
respect to these national institutions.
(1) Elections for a National Assembly and bodies of local
self-government shall be held within three months from the
self-dissolution of the Grand National Assembly. The date of
the elections shall be scheduled by the President in accordance
with his prerogatives pursuant to Article 98 Sub-Paragraph
1.
(2) The elections for a President and a Vice President shall be
held within three months from the elections for a National
Assembly.
(3) Pending the election of a President and a Vice President,
their functions established by this Constitution shall be
performed by the Chairman (President) and the Vice Chairman
(Vice President).
The government shall continue to perform its functions pursuant
to this Constitution until the formation of a new government.
This Constitution shall come into force on the day on which it
is promulgated in The National Gazette by the Chairman of the
Grand National Assembly, and shall supersede the Constitution
of the Republic of Bulgaria adopted on 18 May 1971.