Съвместимост на конституционната забрана за предаване на български граждани с Римския статут за международен наказателен съд
Conformity of the Constitutional Ban on Handing over Bulgarian Citizens with the Rome Statute on International Penal Court

Summary/Abstract: The question of the compatibility of the Constitution of Bulgaria with the Rome Statute of the International Criminal Court (ICC) arises in two cases - with respect to Art. 25(4), banning the surrender of Bulgarian citizens to foreign states, and with respect to the immunities and privileges, granted to certain categories of civil servants. The former issue is the subject of the present study. The text of Art. 25(4) allows different interpretations. It bans “surrender” of Bulgarian citizens, but to a “foreign state”. This study outlines the differences between “surrender” to an international court and “extradition” to another state, as well as the different opinions as to whether the ICC is a “foreign” jurisdiction to the States Parties to the Statute. The practice of other countries, preparing for ratification, is also presented. The conclusion of the study is that, in spite of the different possible interpretations, the provision of Art. 25(4) of the Constitution should be construed in conformity with the Rome Statute. It may however be amended as part of a broader constitutional revision in order to highlight Bulgaria’s support to a progressive international organization such as the ICC.

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