On the Principle of Direct Effect of the Provisions of Bulgarian Constitution of 1991 Cover Image

Относно принципа за непосредствено действие на разпоредбите на българската конституция от 1991 г.
On the Principle of Direct Effect of the Provisions of Bulgarian Constitution of 1991

Author(s): Rosen Tashev
Subject(s): Law, Constitution, Jurisprudence, History of Law, Constitutional Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: constitution; principle; direct effect; provisions; court
Summary/Abstract: Bulgarian Constitution of 1991 enshrines the principle of direct effect in Article 5, paragraph 2. In its decision № 10 of 1994, the Constitutional Court of the Republic of Bulgaria gave an interpretation of what constitutes the direct effect of the Constitution and how it is exercised, and there are publications on this subject in the doctrine. However, there are not many court decisions in which this principle is practically applied. This article aims to broaden the analysis of this principle. In this way, the Bulgarian Constitution will assert its leading role in the legal reasoning of court decisions. Theoretical approaches and tools proposed in this article should help to strength both the legal effectiveness of the Constitution and modern constitutional democracy.