site.btaUPDATED Desislava Atanasova, Borislav Belazelkov Sworn In as Constitutional Court Judges
At a formal ceremony at the Constitutional Court here on Friday, Desislava Atanasova and Borislav Belazelkov were sworn in as new members of the Court. They succeed Grozdan Iliev and Anastas Anastasov, respectively, whose term expired some two years now. As scheduled, the ceremony took place at 11 a.m.
The two swore to observe faithfully the duties assigned to them by the Constitution and the Constitutional Court Act. The oath was administered by Constitutional Court President Pavlina Pavlova.
The swearing-in was witnessed by National Assembly Chair Rosen Zhelyazkov, Supreme Court of Cassation President Galina Zaharova and Supreme Administrative Court President Georgi Cholakov.
As his Press Secretariat announced earlier in the day, President Rumen Radev did not attend the ceremony. "Taking an oath to abide by the Constitution against the backdrop of serious suspicions of its violation is illogical," Radev argued. "The head of State refuses to tolerate words going against deeds and ceremonies supplanting principles," the press release said.
There were doubts that Radev's absence may frustrate the oath which, under the Constitutional Court Act, is a necessary condition for, and the last step before, the new judges' taking office. The idea is that the heads of all four Constitutional Court judges' electing and appointing institutions should be present at the ceremony.
Unlike November 2012, when the then President Rosen Plevneliev walked out of the room immediately before Veneta Markovska was to take the oath and thus prevented her from assuming office, this did not happen now.
In 2012, however, all institutions in charge opposed Markovska's election to the Constitutional Court, and she was forced to give up her claim to the judgeship and asked the Supreme Judicial Council to pension her off.
Constitutional law expert Natalia Kiselova explained to www.dnevnik.bg that this provision, which is intended to legitimate the elected members, applies when the four judges rendered up by the respective quotas take office simultaneously. In this case, when two members elected by Parliament only are sworn in, the presence of the National Assembly Chair would suffice.
Anastasova and Belazelkov were elected Constitutional Court judges from the parliamentary quota on January 19. Atanasova was backed by 159 votes, and Belazelkov by 154.
On January 23, President Radev challenged the constitutionality of the election before the Constitutional Court and argued that the newly elected CC members should not be sworn in before the CC itself has ruled on the compatibility of their election with the constitutional procedures and requirements.
The election was also attacked by MPs of the three opposition parliamentary groups: Vazrazhdane, There Is Such a People and BSP for Bulgaria.
Bulgaria's largest bar association, the one in Sofia, has called on the two to renounce their election, and another 16 bar associations (more than half of the total number), including the one in Ruse which lists Atanasova as a member, have asked the National Assembly to revoke its resolutions electing the two new judges. The Supreme Bar Council has also taken a stand against Atanasova's election.
/LG/
Additional
news.modal.image.header
news.modal.image.text
news.modal.download.header
news.modal.download.text
news.modal.header
news.modal.text