Resolution No. 10 of 16 December 2025 on Constitutional Case No. 16/2025
Referring Authority and Subject Matter of the Case
The case was initiated upon a request of 53 members of the 51st National Assembly for the establishment of the unconstitutionality of the “amendments to Article 19c, items 1, 2, 3, 4, 5, 6 and 7 of the Special Intelligence Means Act, adopted by the 51st National Assembly on 10 October 2025, re-adopted on 30 October 2025, and promulgated in State Gazette, issue No. 94 of 4 November 2025.” Following an order by the reporting judge, instructing the petitioner to clarify the content of the request, the petitioner specified the petitum of the request, stating that he wishes the following to be declared unconstitutional: Article 19c, paragraph 1 in the part “elected by decision of the National Assembly”; Article 19c, paragraph 2 in the part “re-elected”; Article 19c, paragraph 3 in the part “three”; Article 19c, paragraph 4 in the part “elected”; Article 19c, paragraph 6 in the part “decision of the National Assembly”; Article 19c, paragraph 7 in the part “the National Assembly to choose by decision”; and Article 19c, paragraph 10 in the part “the electing, respectively appointing body” of the Special Intelligence Means Act, as well as “the repeal of Article 7, paragraph 2, item 5 of the Management and Functioning of the National Security System Act.”
Summary of the Court’s Reasoning
The petitioner’s request for the declaration of unconstitutionality of “the repeal of Article 7, paragraph 2, item 5 of the Management and Functioning of the National Security System Act” is not contained in the original request, but is indicated for the first time in a notice for compliance with the order of the reporting judge to clarify the petitum of the request. Since none of the provisions of the Law Amending the Special Intelligence Means Act repeals this provision, and it was repealed by §2 of the Final Provision of the Law Amending the State Agency “National Security” Act, which is the subject of the proceedings on constitutional case No. 14/2025, and since the circumstances on which the request is based have not been presented, this request is inadmissible.
Grounds for the Ruling and Disposition
Pursuant to Article 149, paragraph 1, item 2 of the Constitution (the power to rule on requests for the establishment of unconstitutionality of laws and other acts of the National Assembly, as well as acts of the President) and Article 26, paragraph 1, first sentence (When it determines that a request is inadmissible, the Constitutional Court shall dismiss the request with a reasoned ruling and terminate the proceedings) in conjunction with Article 25, paragraph 2 (The Court may rule on the admissibility of a request at any stage of the constitutional case) of the Rules of Procedure of the Constitutional Court, the Constitutional Court dismisses the request for the establishment of unconstitutionality of “the repeal of Article 7, paragraph 2, item 5 of the Management and Functioning of the National Security System Act (amended and supplemented, State Gazette, Issue No. 94 of 2025)” and terminates the constitutional proceedings in this part thereof.
Председател: Павлина Панова