On Constitutional court procedure  Cover Image
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Проблеми на конституционния процес
On Constitutional court procedure

Author(s): Radoslava Yankulova
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките

Summary/Abstract: The article considers access to the Constitutional Court by means of a brief analysis of the subjects who are authorised to go to Constitutional Court. It also offers a few proposals de lege ferenda which could ease access to the same Court. Focusing on suit as an instrument for the initiation of Constitutional Court procedure the author also pays attention to the general requirements that a suit which has been filed before the Court should meet as well as the specific requirements concerning disputes on the interpretation of the Constitution. Finally the paper discusses the legal effect of Constitutional Court decisions of unconstitutionality and especially Constitutional Court Decision № 22/1995. The author reaches the conclusion that it would be useful, if the Constitutional Court followed the Austrian Constitutional Court practice to temporarily postpone the coming into effect of its own decisions thus giving time to the Legislator to enact a new legislation in compatibility with the Constitution.

  • Issue Year: LIII/2012
  • Issue No: 2
  • Page Range: 86-99
  • Page Count: 14
  • Language: Bulgarian