Resolution No. 6 of 25 September 2025 on Constitutional Case No. 4/2025
Referring Authority and Subject Matter of the Case
The case was initiated upon a request of the Council of Ministers of the Republic of Bulgaria. The subject of the case is the constitutionality of the provision of Article 38, paragraph 1, in the part “before the administrative court at the location of the property” of the State Property Act (promulgated, State Gazette, Issue No. 44 of 1996, last amended, Issue No. 74 of 2025, SPA). In the request, the primary argument for declaring the provision unconstitutional is that it conflicts with Article 4, paragraph 1 of the Constitution, which enshrines the principle of the rule of law, and with Article 125, paragraph 2 of the Constitution, which vests the Supreme Administrative Court with exclusive competence to adjudicate on the legality of acts adopted by the Council of Ministers, by individual ministers, and other acts explicitly designated by law.
Summary of the Court’s Reasoning
In the course of preparation for the consideration of the case on the merits, on 09 September 2025, the Law on Amendments and Supplements to the State Property Act was promulgated in State Gazette, Issue No. 74 of 2025, whereby §2 amended the contested part of Article 38, paragraph 1 of the State Property Act at issue in the present proceedings. Its item 1 provides: “In paragraph 1, the words ‘the administrative court at the location of the property’ are replaced with ‘the Supreme Administrative Court’.” As a result of the amendment to the contested provision and in accordance with the established practice of the Constitutional Court, constitutional case №4/2025 is rendered moot, as the provision in question no longer forms part of the legislation, and consequently the legal interest in examining the request to establish its unconstitutionality ceases to exist, “irrespective of whether the same matter is addressed by another newly adopted but uncontested provision.” (Ruling No. 8/2023 on Constitutional Case No.10/2023 and the practice cited therein). In such a case, pursuant to Article 26, paragraph 1 in conjunction with Article 25, paragraph 2 of the Rules of Procedure of the Constitutional Court (RPCC), the request shall be dismissed and returned to the submitter, and the proceedings on the constitutional case shall be terminated.
Grounds for the Ruling and Disposition
Pursuant to Article 19, paragraph 2 of the Constitutional Court Act (The Court rules on the admissibility of the request), the Constitutional Court dismisses the request of the Council of Ministers to establish the unconstitutionality of the provision of Article 38, paragraph 1, in the part “before the administrative court at the location of the property” of the State Property Act (promulgated in State Gazette, Issue No. 44 of 1996, last amended, Issue No. 74 of 2025).
Председател: Павлина Панова