30 years of constitutional justice : For the decisions of the Constitutional Court, the rule of law and legal consciousness Cover Image
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30 години конституционно правосъдие : За решенията на Конституционния съд, правовата държава и правосъзнанието
30 years of constitutional justice : For the decisions of the Constitutional Court, the rule of law and legal consciousness

Author(s): Krasimir Vlahov
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Court case
Published by: Съюз на юристите в България
Keywords: Interpretative Practice; mandate; rule of law; legal awareness; judicial protection; judicial self-governance; precedence of Law

Summary/Abstract: The article focuses on the significance of the practice of the Constitutional Court of the Republic of Bulgaria and its respect by the public authorities. Two examples of non-compliance with interpretative decisions of the Constitutional Court are looked into, the first of which concerns the mandate of the Supreme State bodies established in the Constitution. The second is related to the Courts’ “monopoly", laid down in the Constitution, regarding the judicial function and its attribution to the regulation of the disciplinary liability of lawyers in the Bulgarian Bar Act - in particular, the possibility of exercising judicial control over the decisions of the Supreme Disciplinary Court. The need to respect the case law of the Constitutional Court is furthermore discussed. In this regard, attention is also given to the useful tool in the management of the courts, which is the so-called "Judicial self-government” and its establishment in law while ignoring a previous decision of the Constitutional Court.

  • Issue Year: 2021
  • Issue No: 7
  • Page Range: 43-61
  • Page Count: 19
  • Language: Bulgarian