Resolution No. 5 of 27 April 2023 in constitutional case No. 6/2023
Referring entity and subject matter of the case
The case has been initiated upon request of 66 MPs of the 48th National Assembly seeking binding interpretation of the provision of Article 117, para 2 of the Constitution of the Republic of Bulgaria, putting forward in particular the question, ‘Does the notion of ‘independent judiciary’ (Article 117, para 2, first sentence) comprise, in addition to independence of the judiciary from the other two state authorities, the legislative and executive, and the functional independence of each individual judge, court assessor, prosecutor and investigating magistrate (Article 117, para 2, second sentence), also the institutional, organizational and hierarchical independence of the three authorities included in the judiciary, namely courts, prosecutor’s office and investigation service?’. The applicants reason their legitimate interest in a binding interpretation with the contradictory interpretation of the provision and their commitment to abide by the binding interpretation in conducting subsequent reforms of the judiciary.
Summary of the reasons
The Constitutional Court has ruled on many occasions on issues pertaining to the provision in question even though not formulated in identical terms. As far as the various proposals for reform of the judiciary are concerned, the assessment of their viability or lack thereof from pragmatic and legal viewpoint falls outside the powers of the Constitutional Court.
The Constitutional Court has issued a series of judgments on the essential elements of judicial independence and the legal status of judges, prosecutors and investigating magistrates. The questions put forward in the request have been clarified in interpretative decision No. 11/2020 in constitutional case No. 15/2019; judgment 5/2009 in constitutional case No. 6/2009; judgment No. 6/1993 in constitutional case No. 4/1993; judgment No. 1/1999 in constitutional case No. 22/1998.
The Constitutional Court has expressly held that the Constitution lays down identical principles for the different subsystems of the judiciary, and that the independence of each judge, prosecutor or investigating magistrate is determined by subordinating their decisions solely to the law and the requirement for forming freely their beliefs.
The interpretation of the Constitution made in the judgments of the Constitutional Court referred to above corresponds to the established European standards for effective application of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Thereon it is for the law to regulate the arrangements for the functioning of the authorities under Article 128 of the Constitution, including different forms of organization and communication that according to the legislator would improve the efficiency of these authorities – Article 133 of the Constitution. These legislative arrangements however should be in line with the constitutional principles as developed in the case-law of the Constitutional Court on the matter in question.
Grounds for the ruling
Pursuant to Article 13 (the Constitutional Court alone decides whether the issue referred to it falls within its competence) and Article 19 (the Court shall rule on the admissibility of the request) of the Constitutional Court Act, the Constitutional Court rejects the request of 66 MPs of the 48th National Assembly seeking binding interpretation of the provision of Article 117, para 2 of the Constitution of the Republic of Bulgaria and terminates the proceedings.