site.btaConstitutional Court Will Consider Election Code Revisions Challenged by GERB
NW 14:05:01 20-05-2021
MY1406NW.111
111 POLITICS - ELECTION CODE - CONSTITUTIONAL COURT
Constitutional Court Will Consider
Election Code Revisions
Challenged by GERB
Sofia, May 20 (BTA) - Bulgaria's Constitutional Court on Thursday unanimously decided to admit for consideration on the merits a petition lodged on May 5, 2021 by 66 MPs of GERB-UDF in the defunct 45th National Assembly, challenging the constitutionality of provisions of the Act to Amend and Supplement the Election Code, passed conclusively on April 29, 2021 and effective as of May 1, 2021.
The provisions in question scrap voting by paper ballot and replace it by machine voting only with minor exceptions, require the replacement of the incumbent Central Election Commission, and limit the application of the proportional representation system until the next regular parliamentary elections without specifying what election system will be used then.
The petitioners argued that the amendments were adopted overnight, without public consultation, ignoring the principles of the rule of law, and without consulting the public bodies or persons affected. In their opinion, the Election Code as amended denies Bulgarians equal suffrage, as some will have to vote by machine only while others by paper ballot only. According to GERB, mandatory machine voting imposes a restriction on the Bulgarian citizens who may be unable to cope with such devices.
The Constitutional Court is not likely to issue a decision in the case before the July 11, 2021 early parliamentary elections because, if it does and if it finds the provisions in question contrary to the Constitution, it will create a legislative void. According to an interpretative decision of 2020, if a law amending or repealing a law in force is declared unconstitutional, the unrevised version of the law is not restored but Parliament must enact revisions consistent with the Court's decision. This, however, is impossible, considering that the National Assembly was dissolved on May 11. Therefore, the July 11 elections will most probably take place according to the amended version of the Code. RY/LG
/МЙ/
MY1406NW.111
111 POLITICS - ELECTION CODE - CONSTITUTIONAL COURT
Constitutional Court Will Consider
Election Code Revisions
Challenged by GERB
Sofia, May 20 (BTA) - Bulgaria's Constitutional Court on Thursday unanimously decided to admit for consideration on the merits a petition lodged on May 5, 2021 by 66 MPs of GERB-UDF in the defunct 45th National Assembly, challenging the constitutionality of provisions of the Act to Amend and Supplement the Election Code, passed conclusively on April 29, 2021 and effective as of May 1, 2021.
The provisions in question scrap voting by paper ballot and replace it by machine voting only with minor exceptions, require the replacement of the incumbent Central Election Commission, and limit the application of the proportional representation system until the next regular parliamentary elections without specifying what election system will be used then.
The petitioners argued that the amendments were adopted overnight, without public consultation, ignoring the principles of the rule of law, and without consulting the public bodies or persons affected. In their opinion, the Election Code as amended denies Bulgarians equal suffrage, as some will have to vote by machine only while others by paper ballot only. According to GERB, mandatory machine voting imposes a restriction on the Bulgarian citizens who may be unable to cope with such devices.
The Constitutional Court is not likely to issue a decision in the case before the July 11, 2021 early parliamentary elections because, if it does and if it finds the provisions in question contrary to the Constitution, it will create a legislative void. According to an interpretative decision of 2020, if a law amending or repealing a law in force is declared unconstitutional, the unrevised version of the law is not restored but Parliament must enact revisions consistent with the Court's decision. This, however, is impossible, considering that the National Assembly was dissolved on May 11. Therefore, the July 11 elections will most probably take place according to the amended version of the Code. RY/LG
/МЙ/
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