At its sitting on November 18, 2025, the Constitutional Court ruled on constitutional case No. 12/2025, admitting for consideration on the merits the request of 49 members of the 51st National Assembly to establish the unconstitutionality of the decisions of the 51st National Assembly for the election of the Prime Minister of the Republic of Bulgaria, for the adoption of the structure of the Council of Ministers of the Republic of Bulgaria, and for the election of the Council of Ministers of the Republic of Bulgaria, adopted on January 16, 2025 (published in State Gazette No. 5 of 2025).
The Court rejected the request of 49 members of the 51st National Assembly for a binding interpretation of the provisions of Article 1, paragraph 2, Article 67, paragraph 1, and Article 84, item 8 of the Constitution of the Republic of Bulgaria on the following questions:
1. Are the decisions of the National Assembly, adopted with the votes of members of parliament whose election has been declared as illegal by the Constitutional Court, considered valid?
2. Can such decisions have legal consequences if, without these votes, the majority required by the Constitution for the election of the Prime Minister and the structure and composition of the Council of Ministers is not achieved?
3. Should the decisions on the election of the Prime Minister, the structure and composition of the Council of Ministers of January 16, 2025, be declared invalid?
In its reasoning, the Constitutional Court states:
The legal problem outlined in the first interpretative question does not raise the issue of the need to interpret the constitutional provisions referred to in the request, but rather the issue of the legal effect in time of the Court's decisions under Article 149, paragraph 1, item 7 of the Constitution.
The Court considers that the second question is not motivated by alleged ambiguity of a constitutional provision, which is one of the prerequisites for giving a binding interpretation.
The third question seeks an interpretative answer as to whether the aforementioned decisions of the National Assembly are unconstitutional and what would be the legal effect of a decision of the Constitutional Court, which is within its competence under Article 149, paragraph 1, item 2 of the Constitution. The question raised is not about interpreting the Constitution, but about the possible consequences of exercising another competence of the Constitutional Court.
The Court finds that the review of the constitutionality of acts adopted by the National Assembly, which is carried out by the Constitutional Court on the basis of Article 149, paragraph 1, item 2 of the Constitution, cannot be exercised through its competence to give a binding interpretation under Article 149, paragraph 1, item 1 of the Constitution, as requested by the applicant.
All constitutional judges participated in the sitting.
The ruling was adopted unanimously.
Link to the full text of the Resolution - https://www.constcourt.bg/bg/act-10191