За някои нарушения от Народното събрание на основополагащи конституционни принципи
ON CERTAIN VIOLATIONS BY THE NATIONAL ASSEMBLY OF FUNDAMENTAL CONSTITUTIONAL PRINCIPLES

Summary/Abstract: This article examines the constitutionality of two amendments by the National Assembly to the Judiciary Act. The first of these compels the Supreme Judicial Council to terminate the procedure for the election of the Prosecutor General of the Republic of Bulgaria, which had been initiated but not completed by a decree of the President of the Republic for appointment on the date of promulgation of the amending law. The second provides that the Plenum of the Supreme Judicial Council may make a proposal to the President of the Republic of Bulgaria for the appointment and dismissal of the President of the Supreme Court of Cassation, the President of the Supreme Administrative Court, and the Prosecutor General, and only elected members whose term of office has not expired on the date of the proposal or decision may participate in the vote. The author finds that the Constitutional Court of the Republic of Bulgaria should declare these provisions unconstitutional because they contradict Art. 4, para. 1; Art. 5, para. 1; Art. 6; Article 8; Article 39, paragraph 1; Article 117, paragraph 2; Article 129, paragraph 2, sentence 1; and Article 130a, paragraph 2, sentence 2, item 7 of the Constitution of the Republic of Bulgaria.

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