Resolution No. 9 of 10 October 2023 in constitutional case No. 14/2023
Referring entity and subject matter of the case
The case has been initiated upon request of the President of the Republic of Bulgaria seeking to establish anti-constitutionality of §§ 1-5 of the Law Amending and Supplementing (LAS) the Control on the Implementation of the Restrictive Measures in view of Russia’s Destabilising Activities Act (promulgated SG No. 67 of 4 August 2023), and following entry into force of the Law, of §§ 2 and 3 of the Transitional and Final Provisions of the Control on the Implementation of the Restrictive Measures in view of Russia’s Destabilising Activities Act (promulgated SG No. 8/2023; amended and supplemented SG No. 67 of 4 August 2023).
The applicant puts forward arguments in support of the alleged anti-constitutionality of the challenged provisions that fall under two main groupings: such justifying contradiction with the rule of law principle laid down in Article 4, para 1, and such pertaining to noncompliance with Article 11, para 1 (principle of political pluralism) of the Constitution of the Republic of Bulgaria.
Summary of reasons
The Court points out that as long as the Law Amending and Supplementing the Control on the Implementation of the Restrictive Measures Act does not contain and express provision regarding its entry into force, it comes into force three days following its promulgation in accordance with Article 5, para 5 of the Constitution, i.e. it is in effect as of 4 August 2023. The request for constitutional review has been submitted on 4 August 2023. On the same day the LAS Control on the Implementation of the Restrictive Measures Act was promulgated in the State Gazette (promulgated SG No. 67 of 4 August 2023). Therefore, as of the time the Court ruled on the admissibility in the framework of the constitutional proceedings, the three-day period for entry into force had elapsed. This is why subject matter of these constitutional proceedings are not §§ 1-5 of the LAS Control on the Implementation of the Restrictive Measures in view of Russia’s Destabilising Activities Act as specified in the request, but provisions of the Transitional and Final Provisions of the Control on the Implementation of the Restrictive Measures Act instead.
The Constitutional Court further points out that pursuant to § 2 LAS Control on the Implementation of the Restrictive Measures Act, ‘§ 2, para 2 in the Transitional and Final Provisions shall be repealed’. Therefore, with the entry into force of the LAS Control on the Implementation of the Restrictive Measures Act, this provision ceases to exist legally. Hence there is no valid norm from the Transitional and Final Provisions of the Control on the Implementation of the Restrictive Measures Act. The Constitutional Court reiterates that subject to an assessment in the exercise of its powers under Article 149, para 1, item 2 of the Constitution are applicable legal norms, i.e. valid and capable of regulating the subject matter of the case as of the time the legal dispute is being resolved. This is why the Constitutional Court is of the opinion that this part of the request should not be admitted for review on the merits and the proceedings in relation to this part should be terminated as there is no subject matter for the assessment in exercising the Constitutional Court’s powers under Article 149, para 1, item 2 of the Constitution.
As regards the request to establish anti-constitutionality of § 3, items 1 and 2 of the Transitional and Final Provisions of the Control on the Implementation of the Restrictive Measures in view of Russia’s Destabilising Activities Act, what has been stated by the Court in relation to § 2, para 2 in the Transitional and Final Provisions of the same act applies.
Grounds for the ruling
Pursuant to Article 149, para 1, item 2 of the Constitution (powers to rule on constitutionality of laws), the Constitutional Court admits for constitutional review on the merits the request of the President of the Republic of Bulgaria pertaining to § 2, para 1 of the Transitional and Final Provisions of the Control on the Implementation of the Restrictive Measures in view of Russia’s Destabilising Activities Act.
The Court rejects the request of the President of the Republic of Bulgaria pertaining to § 2, paras 2 and 3 of the Transitional and Final Provisions of the Control on the Implementation of the Restrictive Measures in view of Russia’s Destabilising Activities Act and terminates the constitutional proceedings in this part.
Председател: Павлина Панова