Процесуални аспекти при приложението на чл. 150, ал. 2 от Конституцията в сферата на правораздаването
Procedural aspects of the application of article 150, para. 2 of the Constitution in the area of administration of Justice
Author(s): Simona StoyanovaSubject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Съюз на юристите в България
Keywords: constitutional review; referral competence of a chamber of a court; prerequisites for admissibility of a referral; applicable law; jurisprudence of the Constitutional Court of the Republic of Bulgaria
Summary/Abstract: This study focuses on the practical aspects of the new version of the provision of Article 150, paragraph 2 of the Constitution in the context of the prerequisitesfor referral submitted to the Constitutional Court and the consequences of the exercise of such referral competence by chamber of a court with request to raise a question of constitutionality of a law applicable to the case. The amendment is examined through the lens of the normative constitutional review exercised by the Constitutional Court and the legal effect of its decisions. The main aspects of the past practice related to procedural issues concerning the admissibility of requests and their current application are analysed, with an emphasis on the emerging controversial points in the Court’s new jurisprudence.
Journal: Общество и право
- Issue Year: 2025
- Issue No: 2
- Page Range: 4-31
- Page Count: 28
- Language: Bulgarian
- Content File-PDF