Resolution No. 3 of 12 December 2017 on Constitutional Case No. 6/2017
Referring Authority and Subject Matter of the Case
The case was initiated upon a request submitted by 61 Members of Parliament from the 44th National Assembly. The subject matter of the case is the constitutionality of the provision of Article 51, paragraph 2 of the Public Finance Act (PFA) (promulgated in State Gazette, issue No. 15 of 15 February 2013; last amended and supplemented, issue No. 91 of 14 November 2017), in the part reading “or an act of the Council of Ministers”, on the grounds of inconsistency with Article 2, paragraph 1; Article 4, paragraph 1; Article 8; Article 62, paragraph 1; Article 84, item 2; Article 87, paragraph 2; and Article 141, paragraphs 1, 2 and 5 of the Constitution, as well as its conformity with Article 9, paragraphs 1 and 2 of the European Charter of Local Self-Government of 15 October 1985, ratified by an Act adopted by the 37th National Assembly on 17 March 1995 (State Gazette, issue No. 28 of 28 March 1995).
Summary of the Court’s Reasoning
After the institution of the proceedings, by an Act Amending and Supplementing the Public Finance Act, adopted by the 44th National Assembly on 1 November 2017 (State Gazette, issue No. 91 of 14 November 2017), Article 51, paragraph 2 of the Public Finance Act, in the contested part according to which “the budgetary relations under paragraph 1 (i.e. between municipal budgets and the State budget) may be altered by an act of the Council of Ministers”, was repealed. The Act entered into force within the three-day period provided for in Article 5, paragraph 5 of the Constitution. Consequently, the subject matter of the case, on which the Constitutional Court is required to rule by a judgment on the merits, is no longer present. Since the provision in its repealed part is no longer applicable, a legal interest in declaring it unconstitutional is likewise lacking. The same applies to the allegation of inconsistency of the contested, but already repealed, provision with an international treaty to which Bulgaria is a party - the European Charter of Local Self-Government - which is likewise devoid of subject matter and legal interest.
Grounds for the Ruling and Disposition
On the grounds of Article 19 of the Constitutional Court Act (competence to rule on the admissibility of requests), Article 22, paragraph 3, and Article 26, paragraph 1 of the Rules of Procedure of the Constitutional Court, the Constitutional Court dismisses the request of 61 Members of Parliament from the 44th National Assembly for the establishment of unconstitutionality, as well as for a declaration of inconsistency with an international treaty to which Bulgaria is a party - Article 9, paragraphs 1 and 2 of the European Charter of Local Self-Government of 15 October 1985 - of the provision of Article 51, paragraph 2 of the Public Finance Act (State Gazette, issue No. 15 of 15 February 2013; last amended and supplemented, issue No. 91 of 14 November 2017), in the part reading “or an act of the Council of Ministers”.