Decision No. 15 of 24 September 2024 on Constitutional Case No. 18/2024
Referring Authority and Subject Matter of the Case
The case was initiated upon a request by 53 Members of Parliament from the 49th National Assembly to establish unconstitutionality of the Decision of the National Assembly of 17 April 2024 (promulgated in SG No. 35/2024) on the early termination of the mandate of the Governor of the National Health Insurance Fund.
In the request, the principal argument for unconstitutionality is the alleged inconsistency of the decision with the principle of the rule of law (Article 4, paragraph 1 of the Constitution) and the principle of the separation of powers (Article 8 of the Constitution), as it was adopted without valid legal grounds and in breach of the principle of fixed-term mandates. It is emphasized that, because the resignation was withdrawn prior to the adoption of the decision, there was no valid expression of will that could serve as grounds for dismissal from office.
Summary of the Court’s Reasoning
As is apparent from the evidence submitted by the National Assembly, the letter withdrawing the resignation was deposited after the opening of the debates at the sitting at which the contested decision was adopted, but clearly (as shown in the transcript and the break recorded therein) before the actual vote on the decision (p. 55 of the stenographic record).
A resignation is a unilateral expression of will, the motives for which are irrelevant; therefore, their consideration is not a mandatory element of the procedure for its acceptance.
The same conclusions apply to the withdrawal of a resignation before it has been accepted. The motives for the withdrawal are irrelevant. The body to which the resignation is addressed must only verify whether the withdrawal clearly and unambiguously contains an expression of a freely formed will.
The inclusion of an item on the agenda concerning the consideration of the resignation does not eliminate the nature of such consideration as a “future uncertain event.” There are various reasons why it may not take place.
In the present case, there are two expressions of will, both made by the elected office-holder. The second act (withdrawal) necessarily cancels the first (submission of the resignation).
The withdrawal of a resignation, by its legal nature and legal effect, is equivalent to the resignation itself but with the opposite meaning. The withdrawal is a unilateral expression of will that annuls another unilateral expression of will before the latter has produced its legal consequences through its acceptance or non-acceptance by the addressee.
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 and other acts of the National Assembly), the Constitutional Court declares unconstitutional the Decision of the National Assembly of 17 April 2024 (promulgated in SG No. 35/2024) on the early termination of the mandate of the Governor of the National Health Insurance Fund, Stanimir Boyanov Mihaylov.
Председател: Павлина Панова