Преосмисляне на контрола за конституционосъобразност в светлината на правото на EC
The Control of Constitutionality Revisited in the Light of EC Law

Summary/Abstract: Without necessarily altering the very basics of Bulgarian constitutional law, Community law raises a number of issues of fundamental constitutional importance. What may seem startling for the Bulgarian constitutional lawyer is already the de facto state of the constitutional play in a large part of Europe - notably, the loss of previously enjoyed absolute supremacy of the national Constitution, the end of the Constitutional court's monopoly over me judicial control of Bulgarian legislature acts, the introduction of some important limits to its latitude in declaring their unconstitutionality. The paper discusses in detail some crucial problems associated with the control of constitutionality over national legislative acts implementing EC law. Last but not least, the European Court of Justice (EC J) is seen as becoming an integral part, whether we would readily or grudgingly acknowledge it, of the system of constitutional control. It is at this point that we raise the question of whether the Bulgarian Constitutional court is a "court or tribunal" under article 234 of me EC Treaty as well as of its aptitude to make a first request for a preliminary ruling to the ECJ.

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