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

  DECISION No 15 OF OCTOBER 28, 1997 ON CC No 9/97

The Constitutional Court decision ruled down the challenge by 49 Members of the 38th National Assembly of the constitutionality of Art. 3 para 5 of the 1997 National Budget Act of the Republic of Bulgaria (NBA 1997).
The provision whose constitutionality is challenged reads thus: "Non-performing revenue side budget of the Judiciary shall be compensated by the National Budget in the procedure of Art. 12 para 2." Then Art. 12 para 2 of the NAB 1997 provides that the Ministry of Finance shall regularly and in proportion to the quarterly spending allocations allocate the revenues in compliance with certain priorities. Indeed subsidies for the Judiciary budget rank third, however, they precede allocations for ministries, departments and other spending agencies. Making the national budget an additional source of income for the Judiciary guarantees the independence and independent budget of the judiciary power and the spending of that budget. The Constitutional Court ruled that this provision ensures the real financing of the Judiciary and therefore, is not in contravention to Art. 8 and Art. 117 para 2 of the Constitution providing for the separation of power and the independence of the Judiciary.