site.btaUPDATED Parliamentary Committee Discusses Constitutional Amendments on Second Reading

On Saturday and Sunday, the National Assembly Committee on Constitutional Affairs considered draft amendments to the Constitution of Bulgaria on second reading, the legislature said on its website.

On Saturday, the MPs adopted texts according to which a Bulgarian citizen by birth, over 40 years of age, who has no other citizenship, has not been placed under interdiction, is not serving a sentence and has lived in the country for the last five years, can be elected president.

The Committee decided that a Bulgarian citizen who has a dual citizenship can be elected as a national representative if they have lived in the country for the last eighteen months. The voted proposal on dual citizenship was preceded by a debate in the hall, with the participation of experts in constitutional law, as well as MPs.

The MPs also agreed that a prosecutor general would be appointed and dismissed by the president on the proposal of the Supreme Prosecutors Council, for a term of five years without a right to re-election. 

Candidates for prosecutor general may be nominated by three of the members of the Supreme Prosecutors Council, as well as by the Minister of Justice. A presidential decree should be issued within seven days. In the case of failure to issue the decree in time, the proposed candidate is considered elected. The president cannot deny the appointment or release on a re-offer, the regulations state.

According to other provisions adopted, the Supreme Judicial Council will consist of 15 members and includes the President of the Supreme Court of Cassation and the President of the Supreme Administrative Court, who are its members by right, eight members elected directly by the judges of all courts, and five members elected by the National Assembly.

The MPs rejected the idea of changing the date of the national holiday from March 3 to May 24. 

On Sunday, the MPs agreed that the president can appoint a caretaker prime minister from from among the National Assembly Chair, the Supreme Court of Cassation Chair, the Governor or Deputy Governor of the Bulgarian National Bank, the Audit Chamber Chair or Deputy Chair and Ombudsman or their deputy. 

The MPs also voted that elections for a new National Assembly must be held no later than one month after the expiration of the term of the current National Assembly. With the taking of the oath of the newly elected national representatives, the powers of the previous National Assembly are terminated, the deputies also decided.

On Sunday, after discussions that lasted through the weekend, the bill to amend and supplement the Constitution of the Republic of Bulgaria was adopted by the Committee on Constitutional Affairs on second second reading. 

A parliamentary vote will probably take place on Tuesday, said Cholakov. The MPs adopted a six-month deadline for the National Assembly to adopt the laws related to the amendments to the Constitution and another three-month deadline after the entry into force of the legislative amendments in question for holding elections for members of the Supreme Judicial Council and the Supreme Prosecutors Council.

Cholakov added hopefully this reform will achieve quick results, namely a more independent court, a faster trial process and a greater sense of justice for Bulgarian citizens. "This is only the first step, now there will be amendments to the laws on the judiciary, the Criminal Procedure Code, the Civil Procedure Code, etc" he added.
After the vote, Minister Atanas Slavov noted that it is most important that the Bulgarian society feels satisfied, that Bulgaria's partners and allies see that Bulgaria is achieving independent justice and accountability of the prosecution service.

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On December 8, the full National Assembly supported the amendments in principle by a first-reading vote of 164 in favour and 66 against. In keeping with the procedure, the vote came after the amendments failed to get the necessary support of three-quarters two months earlier.

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. It is considered approved on first reading if it is supported by three-quarters of all MPs. If it receives less than three-quarters but no less than two-thirds of the votes of all MPs, it should be put to further debate between two and five months later. At this point it will be considered approved if backed by no less than two-thirds of all MPs.

Constitutional Affairs Committee Chair Radoslav Cholakov explained that the proposed amendments were modified between the first and second reading votes, based on opinions expressed during the process of public coordination.