Resolution No. 1 of 8 April 2025 on Constitutional Case No. 1/2025
Referring Authority and Subject Matter of the Case
The case was initiated upon a request by a panel of the Sofia District Court in connection with proceedings pending before it. The request seeks the establishment of the unconstitutionality of Article 314, paragraph 3 of the Civil Procedure Code, which provides that in actions for the vacating of leased premises and premises provided for use, objections concerning ownership and improvements made to the property shall not be admissible.
Summary of the Court’s Reasoning
The outcome of the proceedings before the referring court is governed entirely by provisions of the Obligations and Contracts Act and the Property Act. Although the challenged provision of Article 314, paragraph 3 of the Civil Procedure Code is formally applicable to the proceedings, a ruling on the request for establishing its unconstitutionality would have no effect on the resolution of the legal dispute pending before the referring court.
For this reason, the Constitutional Court finds that the request cannot achieve the objective laid down in Article 150, paragraph 2 of the Constitution, namely “the implementation of effective cooperation between the referring court and the Constitutional Court with a view to deciding on the merits of the case pending before the referring court in accordance with a decision rendered by the constitutional jurisdiction” (Ruling No. 7/2024 on Constitutional Case No. 20/2024). Upholding the request would not establish the legal possibility for the defendant to raise an objection whose inadmissibility in the proceedings before the referring court follows, in principle, from the subject matter of the claim brought.
Grounds for the Ruling and Disposition
Pursuant to Article 13 of the Constitutional Court Act (the Constitutional Court shall determine whether a matter referred to it falls within its jurisdiction), Article 25, paragraph 1 (constitutional proceedings are conducted in two phases - to decide on the admissibility of the request and to decide the case on the merits), and Article 26, paragraph 1 of the Rules of Procedure of the Constitutional Court (where it finds that the request is inadmissible, the Constitutional Court shall, by a reasoned ruling, dismiss the request and terminate the proceedings; in such case the request shall be returned to the applicant), the Constitutional Court dismisses the request of a panel of the Sofia District Court to establish the unconstitutionality of the provision of Article 314, paragraph 3 of the Civil Procedure Code.
Председател: Павлина Панова