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

  DECISION No 11 OF SEPTEMBER 25, 1997 ON CC No 4/97

The Council of Ministers of the Republic of Bulgaria approached the Constitutional Court for a binding interpretation of Art. 18 para 1 of the Constitution with reference to whether the notion "national importance" used in the text is valid for waters and forests or just for parks.
Under Art. 18 para 1 of the Constitution "The state shall enjoy exclusive ownership rights over the nethers of the earth; the coastal beaches; the national thoroughfares, as well as over waters, forests and parks of national importance, and the natural and archaeological reserves established by a law."
The Constitutional Court interpretative decision ruled that the expression "national importance" as used in Art. 18 para 1 of the Constitution shall be valid only for parks. Bulgarian and foreign legislation adopt the same criterion and approach (for instance the Yellowstone National Park in the United States of America, Vitosha National Park in Bulgaria etc.).
Outside this context the expression has universal significance which is inherent in all entities mentioned in the Constitution text of Art. 18 para 1. This significance should be codified while the expression "national importance" shall be understood in the sense of national public legal significance and universal utility.