At its sitting on September 29, 2026, the Constitutional Court ruled on Constitutional Case No. 14/2025. The case was initiated at the request of 59 members of the 51st National Assembly, with Judge Sasho Penov serving as the reporting judge.
The Court rejected the request to declare the following provisions unconstitutional: Article 8, paragraph 1, in the part stating “is elected by a resolution of the National Assembly”; Article 8, paragraph 2, in the part “three”; Article 8, paragraph 5, in the part “resolution of the National Assembly”; and Article 8, paragraph 6, in the part “the National Assembly shall elect by resolution” of the Law on the State Agency “National Security” (published in the State Gazette, No. 109 of 2007, last amended in the State Gazette, No. 66 of 2026) and §2 of the Final Provision of the Law Amending the Law on the State Agency “National Security” (published in the State Gazette, No. 90 of 2025).
The amended provisions stipulate that the election and dismissal of the Chairperson of the State Agency for National Security (SANS) shall be carried out by the National Assembly.
In the reasoning for its decision, the Constitutional Court notes that whether a law governing the structure of a specific institution (SANS) will entrust the President with the authority to appoint and dismiss its heads, or whether it will provide for their election and dismissal by Parliament, is a matter of legislative discretion. Legal provisions stipulating that the National Assembly elect and dismiss the heads of other institutions defined by law, as well as those granting the President the authority to appoint and dismiss other public officials defined by law, do not conflict with Article 84, item 8, and Article 98, item 7, of the Constitution, unless they violate constitutional principles or restrict powers established in the Constitution.
The election of the chairperson of the State Agency for National Security (SANS) by the National Assembly through a parliamentary majority does not politicize the agency’s activities. This is because its statutory framework explicitly provides for the principle of political neutrality (Article 3, paragraph 1, item 6 of the SANS Act). The election of the agency’s chairperson by Parliament does not place him or her in a position of political dependence on the majority that elected him or her, because he or she exercises his or her powers on the basis of and in accordance with the law.
All 12 constitutional judges participated in the sitting.
The Decision was adopted with dissenting opinion from judges Atanas Semov, Yanaki Stoilov, and Nevin Feti regarding the portion concerning Article 8, paragraphs 1, 5, and 6 of the Law on the State Agency for National Security.
The full text of the Decision: https://www.constcourt.bg/bg/act-10450