Обективни предели на действието на решението на Конституционния съд при установяване на противоконституционност на ненормативни актове
Objective limits of the effect of the decision of the Constitutional Court when establishing the unconstitutionality of non-normative acts

Summary/Abstract: The present article examines the issue of the legal consequences of decisions by the Constitutional Court (CC), by which unconstitutionality is established regarding non-normative acts adopted by the National Assembly (NA) and the President of the Republic (for example, decisions of the NA and decrees of the President). Special attention is paid to the impact of these decisions on administrative acts issued in execution of such unconstitutional acts. Decision No.3 of 28.04.2020 on constitutional cases No.5/2019 and No.12/2019 is analyzed, whereby the Constitutional Court holds that in the case of unconstitutionality of a non-normative act, the Court’s decision has retroactive effect — i.e. it takes effect from the moment of issuance of the act, and not from the date of the Court’s decision. In this way, the understanding is affirmed that the unconstitutional act is null and void from the very beginning, due to the lack of constitutional basis for its existence. On this basis, the conclusion is drawn that administrative acts issued in execution of such an act suffer from original illegality, reaching the level of nullity. These acts cannot be stabilized or legitimized through the action of the law or subsequently. It is pointed out that the decision of the Constitutional Court concerning the nonconformity of a decision of the National Assembly with the Constitution due to a violation of the principle of separation of powers contains a finding of lack of competence of the legislative body with respect to issues from the executive-regulatory sphere that it has addressed, and there fore the provision of Art. 22, para. 4 of the Constitutional Court Act cannot be applied. This gives rise to legal uncertainty and lack of predictability in administrative practice, as there is no clarity regarding the legal status of the affected administrative acts and actions.

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