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

  DECISION No. 10 OF JULY 10, 1995 ON CC No. 8/95

Motion by a group of Members of Parliament challenging the constitutionality of Clause 1 of the Law on the Amendment to the Law on Environmental Protection (LALEP)(DV, No. 31 of April 4, 1995) inserting an Art. 23d paras 1 and 2, and of Clause 2 of the same law, inserting an itetm 8 in Clause 1 of the Additional Provision of the Law on Environmental Protection (LEP), and claiming the non-correspondence of these provisions with international treaties to which Bulgaria is a signatory.
The Constitutional Court ruled down the challenge. The possibility provided by Art. 23d that the construction of a project shall be based on the expert opinion of the Minister of Environment without preliminary discussion while the final report and the related discussion on the environmental impact assessment to be prepared within a year of the commissioning of the project was not found to be anticonstitutional. It is an exceptional hypothesis which directly threatens life or public health. That extreme situation calls for quick and urgent action by the Executive and thus the Government performs a primary constitutional obligation, namely to defend the life and health of citizens. Beside the Constitutional Court decided that the Constitution-sanctioned judicial control on the acts of the state administration including the acts of the Council of Ministers passed on grounds of Art. 23d precludes the possibility of abuse in the application of this text. The Constitutional Court did not see any contravention in the amendments to the LEP to Art. 10 of the Convention on Human Rights and Fundamental Freedoms and Art. 19 of the International Covenant on Civil and Political Rights as the Constitution of the Republic of Bulgaria fully complies with these regulations and the amendment to the Law on Environmental Protection is not anticonstitutional. There is no contravention to Art. 1 para 6 and Art. 2 items 2,3 and 7 of the Convention on Environmental Impact Assessment in transborder context. The Convention has not entered into force yet but even when it does, it will relate to the Law on Environmental Protection as a specific law relates to a general one.