Resolution No.8 of 19 September 2023 in constitutional case No. 10/2023
Referring entity and subject matter of the case
The case has been initiated upon request of the Prosecutor General of the Republic of Bulgaria seeking to establish anti-constitutionality of the following legal provisions:
- Article 213, paras 4-6; Article 247b, para 2; Article 250, para 1, item 2 and Articles 411а to Article 411i of the Criminal Procedure Code
- Article 30, para 5, items 21 and 22 and paragraph 7; Article 33, para 3; Article 112, para 6; Article 147, para 7; Article 173, paras 11 and 12; Article 173a; Article 230, para 1, third sentence; and Article 230a of the Judicial System Act
- § 31, para 2 and § 41 of the Transitional and Final Provisions of the Law Amending and Supplementing the Criminal Procedure Code (promulgated SG No. 48 of 2 June 2023, in force as of 6 June 2023).
Summary of the reasons
After ruling on the admissibility of the request for review on the merits, the Law Supplementing the Judicial System Act adopted by the 49th National Assembly on 7 August 2023 was promulgated in State Gazette No. 69 of 11 August 2023.
§ 3 of this Law amends the Transitional and Final Provisions of the Law Amending and Supplementing the Criminal Procedure Code (promulgated SG No. 48 of 2 June 2023, in force as of 6 June 2023). Item 3 in particular repeals § 41 of the Transitional and Final Provisions of the Law Amending and Supplementing the Criminal Procedure Code (promulgated SG No. 48 of 2 June 2023, in force as of 6 June 2023) that has been challenged before the Constitutional Court.
According to the established case-law of the Constitutional Court, once a challenged legal provision ceases to exist legally, the Court may not review requests seeking to establish the anti-constitutionality of that provision due to cessation of existence of the subject matter of the request, regardless whether another newly adopted and not yet challenged provision regulates legally the same matter.
Grounds for the ruling
Pursuant to Article 149, para 1, item 2 of the Constitution of the Republic of Bulgaria (powers to rule on constitutionality of laws and other acts passed by the National Assembly), the Constitutional Court rejects the part of the request of the Prosecutor General of the Republic of Bulgaria seeking to establish anti-constitutionality of § 41 of the Transitional and Final Provisions of the Law Amending and Supplementing the Criminal Procedure Code (promulgated SG No. 48 of 2 June 2023, in force as of 6 June 2023) and terminates this part of the proceedings.
Председател: Павлина Панова