Resolution No. 6 of 25 October 2016 on Constitutional Case No. 11/2015
Referring Authority and Subject Matter of the Case
The case was initiated upon a request submitted by the Prosecutor General of the Republic of Bulgaria. A declaration of incompatibility was sought with respect to the provisions of Article 95a, paragraph 1 (concerning the compulsory placement of persons leading a vagrant lifestyle or engaging in begging) and paragraph 2 (concerning the duration of stay) of the Ministry of Interior Act, on the grounds that they are inconsistent with provisions of international treaties to which Bulgaria is a party - namely, Article 9, items 1, 2, and 4 of the International Covenant on Civil and Political Rights, and Article 5, paragraph 1, subparagraph (f) and paragraph 4 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
Summary of the Court’s Reasoning
On 6 October 2016, the National Assembly adopted an Act amending and supplementing the Ministry of Interior Act, by virtue of which, through § 26 thereof, the provision of Article 95a of the Ministry of Interior Act was repealed in its entirety. On 14 October 2016, the amending Act was promulgated in the State Gazette, No. 81, and entered into force on the date of its promulgation.
In view of the foregoing, the Constitutional Court considers that the repeal of the contested provision, which is the subject matter of the constitutional case, results in the absence of a subject matter, as well as of a legal interest in examining the request on the merits. Accordingly, pursuant to Article 25, paragraph 2 (the Court may rule on the admissibility of a request at any stage of the constitutional proceedings) and Article 26, paragraph 1 (where it finds that a request is inadmissible, the Constitutional Court shall, by a reasoned ruling, dismiss the request and terminate the proceedings) of the Rules of Procedure of the Constitutional Court, the request of the Prosecutor General must be dismissed and the proceedings terminated.
Grounds for the Ruling and Disposition
Pursuant to Article 149, paragraph 1, item 4 of the Constitution of the Republic of Bulgaria (the competence to rule on requests for establishing inconsistency of laws with generally recognized norms of international law and with international treaties to which Bulgaria is a party), and Article 22, paragraph 3 (the Court rules by a ruling on the admissibility of the request and on other procedural matters) and Article 26, paragraph 1 of the Rules of Procedure of the Constitutional Court, the Constitutional Court dismisses the request.