DECISION No. 2 OF APRIL 13, 1995 ON CC No. 1/95
Motion by the Chief Prosecutor of the Republic of Bulgaria challenging the eligibility of and asking to recall Member of Parliament George Ganchev Ganchev from Sofia elected on the ticket of the Bulgarian Business Bloc Party in the 3rd multi-seat constituency Varna and claiming that the election was in contravention to Art. 65 para 1 of the C. for upon the registration of his candidacy he was still holding US citizenship.
The Constitutional Court found George Ganchev Ganchev to be non-eligible and on grounds of Art. 72 para 1 subpara 3 in relation to Art. 65 para 1 of the C. recalled him. The presented written evidence showed that upon the registration of his candidacy George Ganchev was still holding US citizenship. Denunciation of US citizenship cannot follow automatically when a person runs for a MP. The relevant state institution of the USA, the State Department, issues an act. Due to the public legal nature of the citizenship institute, material and legal prerequisites to denounce US citizenship are not enough. There has to be a law-established procedure which ends with the issuing of a relevant state act. Denunciation of citizenship cannot be automatic, by right. The bilateral agreement between Bulgaria and the USA treats solely the reasons for acquisition and loss of respective citizenship. The procedure and the act of acquisition and relief of citizenship are treated in the national legislation of the parties to the agreement. As of the date of registration, there was no act issued by relevant authorities to relieve George Ganchev of US citizenship.