Сезиране на Конституционния съд от съд, с искане за установяване на несъответствие между закон, приложим по конкретното дело и Конституцията
Refer to the Constitutional Court from the Court to Establish Inconsistency between the Law Applicable in the Specific Case and the Constitution

Author(s): Maya Mihaylova
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, EU-Legislation
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: Constitution of the Republic of Bulgaria; Constitutional court; unconstitutionality; applicable law; direct effect; constitutional principles
Summary/Abstract: The report provides a brief overview of specific constitutional principles with a view of legal interpretation. The basis of the analysis is the mechanism by which the immediate effect of the provisions of the Constitution is carried out. The amendments to the Constitution of the Republic of Bulgaria (promulgated SG No. 106 of 22.12.2023) were analyzed, which expanded the range of entities authorized to refer to the Constitutional Court with a request to establish the unconstitutionality of an applicable law, with a separate special attention to the role of the court in this context. An attempt has been made to summarize the requirements for the admissibility of a request from a court, to establish the unconstitutionality of a law applicable to the case. The report contains an overview of the practice of the Constitutional Court on the received requests from the court to establish inconsistency between the law applicable in the specific case and the Constitution, paying special attention to the importance of the requirement in the request to justify the connection of the applicable law with the law of the European union.

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