Вид на акта
01-01-1970 г.
Към дело

  DECISION No 13 OF SEPTEMBER 25, 1997 ON CC No 7/97

Fifty-one Members of the 38th National Assembly approached the Constitutional Court with a challenge of the constitutionality of Clause 1 item 2 of the Additional Provisions of the National Assembly Standing Orders.
The provision to be interpreted allows for amendments of the National Assembly Standing Orders should the Speaker of Parliament or one tenth of all Members of Parliament request so.
The Constitutional Court ruled the provision in question to be unconstitutional because according to Art. 87 para 1 of the Constitution each Member of Parliament is entitled to propose legislation. That right cannot be curtailed and shall be valid for all acts that the National Assembly adopts. The Constitution maker has explicitly provided for the cases when certain acts of Parliament can be passed on the proposition of a group of Members of Parliament: vote of no-confidence in the Council of Ministers (Art. 89 para 1) and debate on questions by Members of Parliament addressed to the Council of Ministers or individual ministers (Art. 90 para 2).
The Speaker of Parliament has powers that are elaborately listed in Art. 77 para 1 of the Constitution. However, these do not leave him vested with more rights than any other Member of Parliament with regard to the proposition of legislation and of other acts to be passed by Parliament.