Purpose of the request
обявяване противоконституционност на чл. 1, ал. 2, ред 5 и 167; 5 от Закона за бюджета на Националната здравноосигурителна каса за 2012 г.
Resolution - 8
The provisions of Art. 1, para 2, line 5 and § 5 of the National Health Insurance Budget Act are anticonstitutional as they conflict with the principle of state governed by the rule of law – Art. 4 of the Constitution and with the proclamation of the citizens’ right to health insurance – Art. 52, para 1 of the Constitution. By virtue of these provisions a sum of BGN 100 million earmarked for a special purpose is transferred from the NHIF Budget to the Ministry of Health in its capacity of an arm of the Executive branch of power, i.e. it is inconsistent with the Constitution for the NHIF Budget to finance the National Budget and to make reallocations to meet demands other than what the initial allocation was to meet.