За или против конституционната жалба?
For or Against the Constitutional Complaint?

Author(s): Simona Gospodinova
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, EU-Legislation
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: constitutional court; individual constitutional complaint; fundamental rights; constitution
Summary/Abstract: The protection of fundamental rights exercised by the Constitutional Court depends on its place in the adopted constitutional model and on the authorities conferred on it. Bulgarian Constitutional Court cannot be directly approached by citizens when their rights are affected, because the constitutional justice in Bulgaria belongs to those models (Italy, Portugal) which do not contain the institution of the individual constitutional complaint. The citizens' constitutional complaint is perceived as an extraordinary form of legal aid. It does not displace legal tools in other proceedings. It is external to them and can have effect only after the person has exhausted all other legal tools. It is a last and subsidiary option of extraordinary legal assistance for anyone whose fundamental rights have been violated by the public authority. In this country, the discussion on the future of the constitutional citizen's complaint is not very active, but it is worth paying attention to. In my opinion, it is necessary to start a discussion for and against the institution of the citizens' constitutional complaint.

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