At its sitting on October 8, 2026, the Constitutional Court ruled on Constitutional Case No. 16/2025. The case was initiated at the request of 53 members of the 51st National Assembly, with Judge Sasho Penov serving as the reporting judge.
The Court ruled on amendments to the Special Intelligence Means Act, which provide that the election and dismissal of the chairperson of the State Agency for Technical Operations (DATO) shall be carried out upon a proposal by the Council of Ministers by a resolution of the National Assembly, and that the Agency shall have three deputy chairpersons.
In its decision, the Court rejected the request to declare parts of Article 19c, paragraphs 1, 2, 3, 4, 6, 7, and 10 of the Special Intelligence Means Act unconstitutional.
The Constitutional Court held that, insofar as the structure and functions of the State Agency for Technical Operations are regulated by law, it is a matter of legislative discretion whether its chairperson is to be elected and removed by the National Assembly or by the president, as well as what the number of vice-chairs should be.
All 12 constitutional judges participated in the sitting.
The Decision was adopted with a dissenting opinion by Justices Atanas Semov, Yanaki Stoilov, and Nevin Feti regarding the provisions of Article 19c, paragraphs 1, 2, 4, 6, 7, and 10 of the Special Intelligence Means Act.
The full text of the Decision: https://www.constcourt.bg/bg/act-10452