Resolution No. 5 of 13 October 2016 on Constitutional Case No. 4/2016
Referring Authority and Subject Matter of the Case
The case was initiated upon a request submitted by a panel of the Supreme Administrative Court (SAC) for a declaration of unconstitutionality of Article 230, paragraph 1 of the Judicial System Act (JSA).
By Ruling of 2 June 2016 on Constitutional Case No. 6/2016, the Constitutional Court joined to Constitutional Case No. 4/2016 part of a request submitted by the Plenum of the Supreme Court of Cassation for a declaration of unconstitutionality of Article 230, paragraphs 2, 3 and 4 of the JSA. As a result of the joinder, the subject matter of Constitutional Case No. 4/2016 is Article 230 of the JSA in its entirety.
Summary of the Court’s Reasoning
In State Gazette issue No. 62 of 2016, an Act Amending and Supplementing the Judicial System Act was promulgated, whereby §127 thereof amended Article 230 of the JSA. Of the four paragraphs comprising Article 230 of the JSA, only paragraph 4 remained entirely unchanged. The amendment to the contested provisions of Article 230, paragraphs 1 - 3 of the JSA requires that the proceedings on Constitutional Case No. 4/2016 be terminated with respect to those provisions. This conclusion also applies to Article 230, paragraph 4 of the JSA. Article 230, paragraph 4 of the JSA was expressly challenged not independently, but “in conjunction with Article 230, paragraphs 1 and 2 of the JSA”.
The termination of the proceedings on the above grounds does not preclude the possibility that Article 230 of the JSA, in its amended content, or individual paragraphs thereof, may be subjected again to constitutional review, should any of the entities under Article 150 of the Constitution submit a request to that effect.
Grounds for the Ruling and Disposition
Pursuant to Article 13 (the Constitutional Court shall itself determine whether the question referred to it falls within its competence) and Article 19 (the Court rules on the admissibility of requests) of the Constitutional Court Act, the Constitutional Court dismisses the request submitted by a three-member panel of the Supreme Administrative Court for a declaration of unconstitutionality of Article 230, paragraph 1 of the Judicial System Act, as well as the request submitted by the Plenum of the Supreme Court of Cassation for a declaration of unconstitutionality of Article 230, paragraphs 2, 3 and 4 of the Judicial System Act.
The resolution was adopted with dissenting opinions by three judges.