Вид на акта
искане
Дата
01-01-1970 г.
Към дело
/

  DECISION No 7 OF MARCH 26, 1998 ON CC No 5/98

The decision dismissed the challenge by 50 Members of the 38th National Assembly of the constitutionality of Clause 14 subclause 5 item “a” of the Law on the Amendment to the Law on Administrative Offenses and Penalties (Darzhaven Vestnik, No 11/1998).
The claim insisted that once the law was passed and the presidential assent to promulgate it followed duly, the National Assembly, acting on grounds that it was mending a clerical mistake re-drafted part of the text. The claimants complained that it was violation of the law-enacting procedure while they did not have any objections to the text.
The Constitutional Court agreed that an evident substantive mistake had been corrected and that a law that has been promulgated and entered into force has not been amended so it precludes the procedure of Art. 88 para 1 of the Constitution. It is a change in the will of the Legislature when a law is amended whereas the corrigendum makes the text of the provision compliant with will that has already been expressed and that has not been changed.
The correction of an evident clerical mistake in a law is not specifically treated in the Constitution. There is no doubt, however, that correction should be possible and that the provision of Art. 88 para of the Constitution shall not pertain to corrections. The correction of an evident mistake should be subject to Art. 88 para 2 of the Constitution. According to it the National Assembly acts other than laws shall be voted once. The National Assembly did exactly this in the case challenged. Therefore the acceptance of the correction of an evident actual mistake made when there had been just one vote is not in contravention to the Constitution.