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

  DECISION No. 13 OF NOVEMBER 8, 1994 ON CC No.13/94

Motion for establishing the unconstitutionality of the decision passed by the National Assembly on September 16, 1994 concerning the election of members of the Supreme Judicial Council and the release of members of the Supreme Judicial Council elected by the National Assembly (DV, No. 77 of September 23, 1994).
The Court held that the decision passed by the National Assembly on September 16, 1994 is unconstitutional in its entirety since it has unconstitutional normative basis and contravenes Art.130, Para.4 of the C. The unconstitutionality of the decision of the National Assembly derives from the unconstitutionality of \endash 11 of the Transitional and Concluding Provisions of the Judiciary Act, rather than from the circumstance whether it has been established by a decision which has come into effect and when. With its decision the Court merely establishes existing inconsistencies. This can be done within the present constitutional process. The National Assembly's disregard for the opinion expressed by the Constitutional Court in its Decision of September 15, 1994 on c.c.No.9/94 is constitutionally, legally, socially and politically inadmissible.