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

  DECISION No.5 OF JULY 7, 1994 ON CC No. 3/94

Motion for interpretation of Art.1, Para.2, sentence two and Art. 105 of the C. with regard to the powers of the Council of Ministers to direct and implement the country's domestic policy and to exercise overall guidance over the state administration, as well as for interpretation of Art. 107, 109, 110 and 113, Para. 1 of the C.
The Constitutional Court held that within its competence under Art. 105. Para. 2 of the C. the Council of Ministers can establish administrative bodies not envisaged in the C., including central departments of non- ministerial rank. In so far as it is not empowered to do so, the Council of Ministers cannot delegate to other bodies powers vested in it by the C. The prerogative of the Council of Ministers set forth in Art. 107 covers also acts issued by heads of central departments of non-ministerial rank. The requirement to be sworn in provided for in Art. 109 of the C. cannot be applied to non-members of the Council of Ministers. The provisions of Art. 110 amd Art. 113, Para. 1 of the C. do not apply to the heads of central departments of non-ministerial rank. By a Council of Ministers' act the same requirements can be introduced also with regard to the heads of departments of non-ministerial rank. In that case, however, these requirements will not be on a constitutional level.