Resolution No. 6 of 11 May 2023 in constitutional case No. 3/2023.
Referring entity and subject matter of the case
The case has been initiated upon request of MPs of the 48th National Assembly seeking to establish anti-constitutionality of the Decision delegating to the Council of Ministers the conduct of negotiations with the US Government for concluding an intergovernmental agreement for new nuclear capacity in NPP Kozloduy based on АР1000 technology on grounds of contradiction with Article 4, para 1 and Article 5, para 1 of the Constitution. The Decision was adopted by the National Assembly on 12 January 2023 (promulgated SG No. 6 of 20 January 2023).
Summary of the reasons
The request challenges the constitutionality of a decision of the National Assembly which, viewed in the context of the overall chronology of its adoption, aims at declaring a position on the implementation of the country’s energy policy.
The position assumed in the act challenged before the Constitutional Court by its content constitutes the vision of the National Assembly on the implementation of Bulgaria’s energy policy, in particular the development of nuclear energy, which is a political issue at the discretion of Parliament insofar as pursuant to Article 3 of the Energy Act Parliament is one of the two authorities (the other one being the Council of Ministers) entitled to pursue the state policy in this sphere. This renders the decision of the National Assembly of 12 January 2023 a strategic document substituting the missing Strategy for sustainable energy development of the Republic of Bulgaria, in particular the part on diversification in the development of nuclear energy – a document which has to formulate the state policy in the energy field and is a projection of the energy policy and strategy of the European Union on national level.
The Constitutional Court is of the opinion that the challenged act establishing the state policy in the area of energy security as part of national security falls under the political discretion of Parliament as laid down in the Basic Law since it sets no restrictions on the government powers in taking certain action or adopting certain acts as specified in sections 1-5 of the challenged decision. A ruling of the Constitutional Court on the merits would supercede the legislature’s power to decide on a political issue. Supremacy of the Constitution in a democratic rule of law state requires respect for the freedom of the legislative authority in defining the state policies.
The above considerations and the specific reasons of the applicant lead the Court to the conclusion that the proceedings on the constitutional case in question should not continue on the merits.
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 50 MPs of the 48th National Assembly seeking to establish anti-constitutionality of the Decision of the 48th National Assembly delegating to the Council of Ministers the conduct of negotiations with the US Government for concluding an intergovernmental agreement for new nuclear capacity in NPP Kozloduy based on АР1000 technology adopted by the National Assembly on 12 January 2023 (promulgated SG No. 6 of 20 January 2023).
Two judges have expressed dissenting opinions.