site.btaSupreme Bar Council Calls on National Assembly to Revoke Resolutions on Election of Constitutional Judges

The Supreme Bar Council called on the National Assembly to revoke its resolution on the election of constitutional judges due to its clear unconstitutionality, reads a declaration adopted unanimously at an extraordinary meeting of the Council on Wednesday.

The text also states that the Supreme Bar Council supports the expressed position of the bar associations and the legal community of the country on the matter.

Newly elected constitutional judges are also called upon not to take the oath before the Constitutional Court rules on their election.

The Supreme Bar Council followed the procedure for the election of constitutional judges from the 49th National Assembly with concern, the declaration states.

The qualities and conditions which the members of the Constitutional Court should meet are directly determined by its functions. That is why the Constitution proclaims that lawyers with at least fifteen years of legal experience and high professional and moral qualities are to be elected as judges of the Constitutional Court.

Only a month ago, on the occasion of the discussion of changes in the Constitution of the Republic of Bulgaria, the National Assembly declared that the way in which the members of higher state bodies are nominated, heard and elected will be changed. This political declaration found normative expression in the new provision of Article 91 of the Constitution, according to which, in this election, the National Assembly observes the principles of openness, transparency, publicity and justification, in order to guarantee their independence. In reality, the National Assembly only formally followed the procedure, but essentially legitimized previously taken decisions. The Constitution was also grossly violated with the determination of a nine-year term for the newly elected judges, the declaration also says.

The document also notes that the live broadcast of the hearing of the candidates did not lead to actual transparency of the selection. Representatives of the legal community - were not invited either for nominations or in the process of discussing the candidacies. Democracy is based on rules, but their apparently formal observance renders them meaningless, adds the position of the Supreme Bar Council.

On Tuesday, Bar associations issued a joint position on the procedure of the election of Constitutional Court judges on Parliament's quota. The lawyers urged the MPs to revoke their resolutions of January 19 on the election of Desislava Atanasova and Borislav Belazelkov as Constitutional Court judges.