Министерската отговорност по Търновската конституция и по конституционните проекти (1879–1947)
Ministerial Responsibility under the Turnovo Constitution and under the Constitution Drafts (1879–1947)

Summary/Abstract: The question of the political and judicial responsibility of ministers was included already in the Turnovo Constitution with the clear awareness of its necessity and from then on it existed in all the drafts and proposals for changes in the fundamental law up to 1947 inclusive. After that public opinion was deliberately diverted in another direction in the search of guilt so that in the last two constitutions (of 1971 and 1991) the responsibility of ministers was tacitly overlooked, and in the Criminal Code the ministers were put on the same footing with officials. The article examines the nature of political responsibility and also the question of judicial responsibility – how it is proceeded, who has the initiative for seeking judicial responsibility, who tries the ministers and what are the possibilities for imposing effective punishment. The constitution drafts of 1935, 1936, 1946 and 1947 are presented and their common features and differences are indicated. From the presented constitutions and constitution drafts it is evident that as regards the political (parliamentary) and criminal (judicial) responsibility of the ministers, the differences between them are neither so numerous nor so essential. The goal of the Bulgarian legislators over a long period of time was to create such constitutional provisions as would have a really restrictive effect on the work of ministers. Although every minister and every cabinet strive to ensure independence in taking decisions and in implementing the comprehensive policy of the government, it should be known also that the responsibility is exclusively of the Council of Ministers. Moreover – all action or inactions of the Cabinet are under the strict control of the legislative power. For any act, for any deed, the minister or the whole cabinet bear political and in certain cases criminal responsibility as wee. It is Parliament that supervises and controls their actions. In the constitutions and draft constitutions existing up to 1947 serious attention was paid to parliamentary responsibility. This was so because it was believed that if the National Assembly acted without allowing gross political passions get the upper hand (irrespective of whether it accused or justified the ministers) the possibility to commit a crime was strongly restricted. The controlling function of the National Assembly was therefore of particular importance also for the upward development of socio-political life and for the conformity with the law of the policy of the government. Unfortunately, both in the older and in the more recent history and also in our contemporary history Parliament and with it the governments, have often fallen prey to their own unrealistic political ambitions.

• Details
• Contents