Decision No. 10 of 18 June 2024 on Constitutional Case No. 7/2024
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 Members of Parliament challenge the Act on the Ratification of the Agreement on the Financial Contribution between the Republic of Bulgaria and the European Commission, concluded pursuant to Article 7 of Regulation (EU) 2022/2463 of the European Parliament and of the Council. According to the petitioners, the Act was adopted through two consecutive votes held within the same sitting, without giving them the opportunity to propose amendments between the first and second readings. They argue that this procedure violated Article 88, paragraph 1, second sentence of the Constitution, as well as the principles of the rule of law, political pluralism, and the parliamentary form of government.
Summary of the Court’s Reasoning
The Constitutional Court states that, pursuant to Article 88, paragraph 1 of the Constitution, the consideration and adoption of draft laws shall take place in two readings, which, by way of exception, may be held within the same sitting. The Court emphasizes that this possibility must not infringe other constitutional values and cannot restrict the right of each Member of Parliament to propose amendments between the two readings. The Court reiterates its consistent case law that the text of an international treaty subject to ratification cannot be amended by Parliament; proposals may concern only the text of the act of ratification, and only if the treaty allows for reservations.
The Constitutional Court finds that the National Assembly did not abuse its power to hold both votes within the same sitting and that Members of Parliament were afforded the opportunity to submit amendment proposals. Since no proposals were submitted, and since the draft law could not amend the text of the agreement itself, there was no restriction of parliamentary pluralism.
Grounds for the Ruling and Disposition
Pursuant to Article 149, paragraph 1, item 2 of the Constitution (the power to rule on requests for establishing the unconstitutionality of laws), the Constitutional Court rejects the request submitted by 48 Members of Parliament of the 49th National Assembly for establishing the unconstitutionality of the Act on the Ratification of the Agreement on the Financial Contribution between the Republic of Bulgaria and the European Commission, concluded pursuant to Article 7 of Regulation (EU) 2022/2463 of the European Parliament and of the Council (promulgated in SG No. 106 of 22 December 2023).
Председател: Павлина Панова