Ruling No. 4 of 2 April 2024 on Constitutional Case No. 10/2024
Referring Authority and Subject Matter of the Case
The case was initiated upon a request submitted by 48 Members of Parliament from the 49th National Assembly. The subject matter of the case is the constitutionality of Article 5, Article 6, Articles 8-49, Article 106 and Article 107 of the 2024 State Budget Act of the Republic of Bulgaria. The petitioners argue that the contested provisions are in contradiction with the principle of the rule of law, the separation of powers, and that the procedure for the adoption of the state budget was breached (Article 4, paragraph 1, Article 8, Article 62, paragraph 1, Article 84, paragraph 2 and Article 87, paragraph 2 of the Constitution).
Summary of the Court’s Reasoning
The act by which the National Assembly adopts the State budget for the respective year, although marked by certain specific features, is nevertheless a law. It is subject to constitutional review on the general ground under Article 149, paragraph 1, item 2 of the Constitution, like any other statute adopted by Parliament in the exercise of its legislative power pursuant to Article 62, paragraph 1 of the Constitution. Article 150, paragraph 1 of the Constitution entitles at least one-fifth of the Members of Parliament to petition the Constitutional Court, which means that, in order to be valid, the request must be signed by no fewer than 48 Members of Parliament. Although this requirement was met at the time the request was filed, shortly thereafter three of the Members of Parliament withdrew their signatures. In such a situation, the case is not referred by an authorised subject of initiative within the meaning of Article 150, paragraph 1 of the Constitution, and therefore the proceedings must be discontinued.
Grounds for the Ruling and Disposition
Pursuant to Article 149, paragraph 1, item 2 of the Constitution (power to rule on requests for establishing the unconstitutionality of laws), the Constitutional Court dismisses as inadmissible the request to establish the unconstitutionality of Article 5, Article 6, Articles 8-49, Article 106 and Article 107 of the 2024 State Budget Act of the Republic of Bulgaria.
Председател: Павлина Панова