site.btaParliament Adopts Constitutional Amendments on Second Reading

Parliament adopted on second reading the constitutional amendments bill here on Tuesday. Under the Constitution and according to the procedural rules for amending it, the bill of amendment should be discussed and adopted by three votes on different days. 

The There is Such a People (TISP) and Vazrazhdane MPs left the debating chamber in the morning, as the two parties threatened to challenge the constitutionality of the amendments. The plan to take the matter to the Constitutional Court was first announced by Vazrazhdane and then TISP said they would be joining in.

The changes were proposed by GERB-UDF, Continue the Change - Democratic Bulgaria (CC-DB) and the Movement for Rights and Freedoms (MRF) on July 28. 

Amendments were adopted on second reading as follows: 

Bulgarians with Dual Citizenship Allowed to Become MPs, Ministers

With the second of three readings on the constitutional amendments, MPs voted to allow Bulgarian citizens, who hold another citizenship, to be elected as an MP if they have lived in the country for the last 18 months.

A total of 163 MPs from GERB-UDF, CC-DB and MRF voted in favour, while 20 BSP for Bulgaria MPs voted against. Before the adoption of the amendments, a candidate for an MP was required to have no other citizenship than Bulgarian.

Parliament also voted on second reading Bulgarian citizens who have another citizenship and meet the conditions for election as MPs will be allowed to be ministers. However, ministers will not be subject to the residency requirement.

Supreme Court of Cassation President Drops from List of Persons President Can Choose to Appoint Caretaker PM

With the second of three readings on the constitutional amendments, Parliament decided that the Supreme Court of Cassation (SCC) President will not be among the list of persons from which the President can choose a caretaker Prime Minister. The edit was proposed by CC-DB MP Nadezhda Yordanova.

The editorial amendment was adopted by 166 votes to 15, with no abstentions. In the text that was adopted, it was stipulated that "a caretaker prime minister shall be appointed from among the National Assembly chair, the governor or deputy-governor of the Bulgarian National Bank, the president and deputy president of the Bulgarian National Audit Office, and the ombudsman or his deputy".

The main task of the caretaker government will be to organize fair and free elections. Limitations to the powers of the caretaker government may also be laid down by law, the adopted provisions state.

According to the current texts of the Constitution, "if no agreement is reached on the formation of a government, the President shall appoint a caretaker government, dissolve the National Assembly and schedule new elections. The act by which the President dissolves the National Assembly shall also set the date for the election of a new National Assembly". The texts, adopted on second reading on Tuesday, delete the words "dissolves the National Assembly" and add "a two-month period" for scheduling elections for a new National Assembly.

Prosecutor General to Be Appointed, Dismissed by President on Recommendation of Supreme Prosecutors' Council

With the second of three readings on the constitutional amendments bill, MPs decided that the Prosecutor General shall be appointed and dismissed by the President on proposal of a Supreme Prosecutors' Council (SPC) for a term of five years, without the right of re-election. 

According to the adopted texts, three members of the Supreme Judicial Council (SJC) as well as the Justice Minister can nominate a candidate for Prosecutor General. The presidential decree shall be issued within seven days. If the decree is not issued within the time limit, the decision of the SJC shall be gazetted. The President cannot refuse the appointment and dismissal upon a repeated proposal.

Prosecutors and investigators will be appointed, promoted, demoted, transferred and dismissed by the SPC, Parliament voted on second reading.

Judges will be appointed, promoted, demoted, transferred and dismissed by the SJC.

The President of the Supreme Court of Cassation (SCC) and the President of the Supreme Administrative Court (SAC) will be appointed and dismissed on the proposal of the Supreme Judicial Council by the head of State, without the right to re-election, the MPs voted.

The SJC will consist of 15 members, including the Presidents of the SCC and the SAC, eight members elected directly by the judges and five elected by the National Assembly.

The members of the Supreme Judicial Council and the Supreme Prosecutorial Council shall be lawyers with high professional and moral qualities, who have at least 15 years of experience and are independent and party neutral. The National Assembly may not elect as members of the two councils persons who hold the position of prosecutor or investigator at the time of the election, the adopted texts also state.

The National Assembly will elect members of the Supreme Judicial Council and the Supreme Prosecutorial Council by a two-thirds majority of the members of the National Assembly, the texts read.

The term of office of the elected members of the Supreme Judicial Council and the Supreme Prosecutorial Council shall be four years. They cannot be re-elected immediately after the expiry of that term.

Any Court Can Refer Case to Constitutional Court

Any court, at the request of a litigant or on its own initiative, can refer a case to the Constitutional Court (CC), the Parliament decided on second reading with amendments to the Constitution. Proceedings on the case will continue, and the court, whose decision is final, rules after the proceedings before the CC are concluded.

The Prosecutor General may also refer a case to the CC.

Other amendments

The Parliament also adopted on second reading amendments regarding parliamentary elections. According to the new texts they should be held no later than one month before the expiry of the current National Assembly's term in office. Other amendments voted on second reading stated that science, culture and education are national values.

The Prosecution Office and investigative bodies are part of the judiciary system, according to the adopted texts on second reading on Tuesday.

TISP's proposal that the Prosecutor General should be directly elected by the voters for a term of 7 years, without the right to re-election and according to the procedure established by law, was rejected.