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

DECISION No. 22 OF DECEMBER 10, 1996 ON CC No. 24/96

On October 28, 1996 the President of the Republic of Bulgaria challenged the constitutionality of the Law on the Amendment to the 1996 State Budget Law (LASBL-1996) (DV, No. 79/1996) in reference to Art. 149 para 1 subpara 2 of the C.
The challenge claimed that by this law the National Assembly violated the principle of the separation of powers (Art. 8 of the C.) and the principle of free enterprise (Art. 19 paras 1, 2 and 3 of the C.) and the inviolability of private property (Art. 17 para 3 of the C.) and enters into the domain of the Judiciary. Further it claimed that it is inadmissible by a special law to rearrange business relations to the detriment of the right of the economic actors that the Constitution guarantees.
The Constitutional Court ruled that the law-maker shall provide and guarantee to all legal entities equal legal conditions for economic activity - Art. 19 para 2 of the C.
For legal entities private property is the precondition for the economic stability, boosting their business and achievement of the goals for which they had been designed. Therefore a private legal claim like the claims under Clause 1 para 1 of the LASBL-1996 of the Republic of Bulgaria cannot be defined as claims of the Government. It can be subject to forcible expropriation only under Art. 17 para 5 of the C. when there exist government needs that cannot be otherwise met and after a fair compensation.
On these grounds the Constitutional Court ruled that the Law on the Amendment to the 1996 State Budget Law of the Republic of Bulgaria (DV, No. 79/1996) contravened the Constitution.