Становище относно конституционно дело № 7 от 2022 г. – трудовоправна аргументация
Opinion on constitutional case No. 7 of the year 2022 – labour law argumentation

Summary/Abstract: The article substantiates the view that the powers of the Inspector in Chief and those of the Inspectors at the Supreme Judicial Council Inspectorate are not suspended upon expiry of their term of office and that these persons continue carrying out their functions until the National Assembly elects the new Inspector in Chief and new Inspectors, respectively. The second question that should be posed is whether it is constitutionally inadmissible to suspend the activity of the Supreme Judicial Council Inspectorate where the term of offi ce of the Inspector in Chief and the Inspectors has expired and the National Assembly has not elected new ones yet. The argumentation is of labour law nature because – as I have already provided reasons for this in other scientific studies – the single-member State bodies and the members of collective State bodies hold offi ce on the grounds of a complex legal relationship which comprises an employment relationship as well. The answers to the interpretative questions are based on the effective legal framework of elective employment relationship set forth in the Labour Code and, particularly, the termination of this relationship due to the expiry of its term.

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