Purpose of the request
тълкуване на чл. 120, ал. 2 от Конституцията на Република България и за установяване противоконституционност на разпоредби от Закона за управление на отпадъците
Resolution - 11
The curtailment of the disposal right enjoyed by an owner of ferrous and non-ferrous metals waste (scrap) by the Waste Management Act provision that reads that the disposal shall be free of charge for all parties is unconstitutional since it conflicts with the nondiscriminatory treatment of the separate title rights and with the obligation of individuals to contribute to environmental protection when the incentive for a commitment met ceases to be offered. Waste Management Act provisions that express a definite management strategy and the strategy-related appropriate legislation are not unconstitutional. The Waste Management Act provision that makes it binding to present a bank guarantee that has been issued by a commercial bank and only by a commercial bank having its court registration (registered office) in the Republic of Bulgaria and holding a license that has been issued by the Bulgarian National Bank is not in contravention of the Treaty on the Functioning of the European Union since it makes no difference, despite the liberalization of banking services within the EU, between a bank guarantee from a commercial bank in an EU Member State and from a commercial bank in a non-EU State. The provision must be interpreted and applied conformably to the latter case only and not to a commercial bank that has been licensed in a EU Member-State and that can deliver banking services, including the supply of bank guarantees for which it does not need to have been licensed by the Bulgarian National Bank (BNB), providing the BNB has been duly notified by the license issuing authority.