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

  DECISION No 14 OF OCTOBER 23, 1997 ON CC No 11/97

The Constitutional Court decision rejected the challenge of 50 Members of the 38th National Assembly who challenged the constitutionality of the National Assembly's decision of July 11, 1997 dismissing Milen Atanassov Vulkov, Director General of the Bulgarian News Agency (BTA) and electing Panayot Vladimirov Denev BTA Director General.
The Constitutional Court decision referred to Clause 6 of the Transitional and Concluding Provisions of the Constitution reading that pending the passage of new legislation concerning the Bulgarian News Agency, the National Assembly shall practice the prerogatives with respect to that national institute. Such a law on the BTA has not been passed yet, hence the National Assembly acted within the scope of the powers that the Constitution has vested in it.
By the same decision the Constitutional Court ruled that Mr. Vulkov's non-admission into the House of Parliament Plenary Hall was not in contravention to Art. 56 of the Constitution since the Select Parliamentary Committee for Culture and the Media let him express his stance and present his arguments and proofs to defend himself which Mr. Vulkov did. The Constitution-sanctioned right to defense was further exercised with regard to the very decision of Parliament through the seizing of the Constitutional Court by a group of Members of Parliament who asked to cancel the decision.
The fact that the dismissal of the BTA Director General and the election of a new Director General was done by one and same decision and one the same vote does not contravene to Art. 62 para 2 of the Constitution. As regards the National Assembly decisions, there exist no Constitution provisions that establish a special procedure for voting and passing them. The decisions may be passed in a way that the National Assembly deems appropriate.