Purpose of the request
установяване на противоконституционност на чл. 1; чл. 3, ал. 2, 3, 4 и 5; чл. 4, ал. 3, 4, 5 и 6; чл. 23, ал. 2; чл. 25, ал. 1, т. 6; чл. 26, ал. 1, т. 3 и 27; чл. 26, ал. 8; чл. 44, ал. 2; чл. 74, ал. 4, т. 1 и 2; чл. 78; чл. 79; чл. 166, ал. 5 и 6; чл. 264, ал. 1; 167; 1; 167; 11; 167; 16; 167; 18; 167; 19 от Изборния кодекс, както и на несъответствие на тези разпоредби с общопризнати норми на международното право и международните договори, по които Република България е страна.
Resolution - 4
The Electoral Code may not lay down provisions on matters that are exhaustively stipulated in the Constitution. In principle, the requirement for a voter in local elections to have resided in a particular electoral district for a certain period of time, respectively EU Member State in the case of European Parliament elections, is not anti-constitutional and does not contravene international legal standards although the length of the requisite period must be reasonable. The appointment of the Head of the Central Electoral Commission on a proposal from the largest political party or coalition represented in national Parliament does not prejudice the fairness of elections because the incumbent of the office concerned carries out functions that are primarily of an organisational nature. The dismissal of a member of the Electoral Commission prior to the expiry of their mandate on a proposal from the political party or coalition that put forth their nomination is anti-constitutional. In principle all decisions of the Central Electoral Commission are subject to judicial review. The right to vote in another country is subject to specific requirements hence the specificity of the rules laid down by law. Requiring a deposit of a sum of money as a condition to participate in elections is lawful from a constitutional standpoint. However, the minimum non-reimbursable deposit, which depends on the electoral outcome, should be reasonable. According to the fundamental law the election of a Member of the European Parliament may be contested before the Constitutional Court. Online voting is lawful only if proper safeguards have been set in place that ensure votes are cast in person and the secrecy of the ballot is reliably protected. Reducing the number of councilors below a certain number has detrimental implications for the representativeness of the principal body of local government. Hence it jeopardises the founding principles of a democratic State and political pluralism. No penalties may be levied on a local councilor where they leave the political group to which they formerly belonged in the municipal council or where they are expelled from such a group. The number of deputy mayors may not be limited by law because it is a matter of local government. According to the Constitution the mayor of a district may be appointed and not directly elected by voters.