Resolution No. 7 of 15 November 2016 on Constitutional Case No. 14/2016
Referring Authority and Subject Matter of the Case
The Constitutional Court was seized by the Ombudsman of the Republic of Bulgaria, pursuant to Article 150, paragraph 3 of the Constitution, with a request to establish the unconstitutionality of the provisions of Article 14, paragraphs 3 and 5 of the Election Code.
Summary of the Court’s Reasoning
In the meantime, on 26 October 2016, the National Assembly adopted an amendment to the text of Article 14, paragraph 5 of the Election Code through the Act amending and supplementing the Election Code (promulgated in the State Gazette, No. 85/2016). This amending act alters both the wording and the substance of paragraph 5, thereby giving rise to a formal ground for dismissing the request due to a lack of correspondence between its subject matter and the law currently in force.
The termination of the proceedings with respect to paragraph 5 does not preclude the possibility for its new wording to be subjected anew to constitutional review, should any of the entities entitled under Article 150 of the Constitution submit such a request.
Grounds for the Ruling and Disposition
Pursuant to Article 149, paragraph 1, item 2 of the Constitution (the competence to rule on requests for a declaration of unconstitutionality of laws), the Constitutional Court dismisses the request of the Ombudsman of the Republic of Bulgaria for a declaration of unconstitutionality of the provision of Article 14, paragraph 5 of the Election Code (promulgated in the State Gazette, No. 19/2014, amended SG No. 39/2016, No. 57/2016, last amended SG No. 85/2016) and terminates the proceedings on Constitutional Case No. 14/2016 in this part concerning Article 14, paragraph 5 of the Election Code.
The resolution was adopted with dissenting opinions by two judges.