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Bulgarian ConstitutionChapter One Article 1.
(2) The entire power of the state shall derive from the people. The people shall exercise this power directly and through the bodies established by this Constitution. (3) No part of the people, no political party nor any other organization, state institution or individual shall usurp the expression of the popular sovereignty.
(2) The territorial integrity of the Republic of Bulgaria shall be inviolable.
(2) The Republic of Bulgaria shall guarantee the life, dignity and right of the individual and shall create conditions conducive to the free development of the individual and the civil society.
(2) The provisions of the Constitution shall apply directly. (3) No one shall be convicted for action or inaction which at the time it was committed did not constitute a crime. (4) Any international instruments which have been ratified by the constitutionally established procedure, promulgated and come into force with respect to the Republic of Bulgaria, shall be considered part of the domestic legislation of the country. They shall supersede any domestic legislation stipulating otherwise. (5) All legislative acts shall be promulgated and shall come into force three days after the date of their promulgation unless otherwise envisaged by the acts themselves.
(2) No political party or ideology shall be proclaimed or affirmed as a party or ideology of the state. (3) All parties shall facilitate the formation and expression of' the citizensâ political will. The procedure applying to the formation and dissolution of political parties and the conditions pertaining to their activity shall be established by a law. (4) There shall be no political parties on ethnic, racial or religious lines, nor parties which seek the violent usurpation of state power.
(2) Citizensâ associations, including the trade unions, shall not pursue any political objectives, nor shall they engage in any political activity which is in domain of the political parties.
(2) The religious institutions shall be separate from the state. (3) Eastern Orthodox Christianity shall be considered the traditional .religion in the Republic of Bulgaria. (4) Religious institutions and communities, and religious beliefs shall not be used political ends.
(2) Property shall be private and public. (3) Private property shall be inviolable. (4) The regime applying to the different units of state and municipal property shall be established by a law. (5) Forcible expropriation of property in the name of state ox municipal needs shall be effected only by virtue of a law, provided that these needs cannot be otherwise met, and after fair compensation has been ensured in advance.
(2) The state shall exercise sovereign rights in prospecting, developing, utilizing, protecting and managing the continental shelf and the exclusive off-shore economic zone, and the biological, mineral and energy resources therein. (3) The state shall exercise sovereign rights with respect to radio frequencies and the geostationary orbital positions assigned by international instrument to the Republic of Bulgaria. (4) A state monopoly shall be establishable 'by a law over -.airway transport, the national postal and telecommunications networks, the use of nuclear energy, the manufacturing of radioactive products, armaments, explosive and powerful toxic substances. (5) The conditions and procedure by which the state shall grant concessions over units of property and licenses for the activities enumerated in the preceding two paragraphs shall be established by a law. (6) The state shall utilize and manage all the state's assets to the benefit of citizens and society.
(2) The state shall establish and guarantee equal legal conditions for economic activity to all citizens and corporate entities by preventing any abuse of a monopoly status and unfair competition, and by protecting the consumer. (3) All investments and economic activity by Bulgarian and foreign persons and corporate entities shall enjoy the protection of the law. (4) The law shall establish conditions conducive to the setting up of cooperatives and other forms of association of citizens and corporate entities in the pursuit of economic and social prosperity.
(2) Arable land shall be used for agricultural purposes only. Any change in purposes shall be allowed only in exceptional circumstances, when necessity has been proven, and on terms and by a procedure established by a law.
(2) A foreign physical person or foreign legal entity shall be free to acquire user rights, building rights and other real rights on terms established by a law.
(2) The foreign policy of the Republic of Bulgaria shall have as its uppermost objective the national security and independence of the country, the well-being and the fundamental rights and freedoms of the Bulgarian citizens, and the promotion of a just international order. Article 25.
(2) A person of Bulgarian origin shall acquire Bulgarian citizenship through a facilitated procedure. (3) No one shall be deprived of a Bulgarian citizenship acquired by birth. (4) No citizen of the Republic of Bulgaria shall be expatriated, or extradited to another state. (5) Any Bulgarian citizen abroad shall be accorded the protection of the Republic of Bulgaria. (6) The conditions and procedure for the acquiring, preservation or loss of Bulgarian citizenship shall be established by a law.
(2) Foreigners residing in the Republic of Bulgaria shall be vested with all ` rights and obligations proceeding from this Constitution, except those rights and obligations for which a Bulgarian citizenship is required by this Constitution or by another law.
(2) The Republic of Bulgaria shall grant asylum to foreigners persecuted for their opinions or activity in the defense of' internationally recognized rights and freedoms. (3) The conditions and procedure for the granting of asylum shall be established by a law.
(2) No one shall be subjected to medical, scientific or other experimentation without his voluntary written consent.
(2) No one shall be detained or subjected to inspection, search or any other infringement of his personal inviolability except on the conditions and in a manner established by a law. (3) The state authorities shall be free to detain a citizen only in the urgent circumstances expressly stipulated by a law, and shall immediately advise the judicial authorities accordingly. The judicial authorities shall rule on the legality of a detention within the next 24 hours. (4) Everyone shall be entitled to legal counsel from the moment of detention or from the moment of being charged. (5) Everyone shall be entitled to meet his legal counsel in private. The confidentiality of such communication shall be inviolable.
(2) No one shall be followed, photographed, filmed, recorded or subjected to any other similar activity without his knowledge or despite his express disapproval, except when such actions are permitted by a law.
(2) Entry or stay inside a home without the consent of its occupant or without the judicial authorities' permission shall be allowed only for the purposes of preventing an immediately impending crime or a crime in progress, for the capture of a criminal, or in extreme necessity.
(2) Exceptions to this provision shall be allowed only with the permission of the judicial authorities for the purpose of discovering or preventing a grave crime.
(2) Every Bulgarian citizen shall have the right to return to the country.
(2) Citizens whose mother tongue is not Bulgarian shall have the right to study and use their own language alongside the compulsory study of the Bulgarian language. (3) The situations in which only the official language shall be used shall be established by a law.
(2) The freedom of conscience and religion shall not be practiced to the detriment of national security, public order, public health and morals, or of the rights and freedoms of others.
(2) This right shall not be used to the detriment of the rights and reputation of others, or for the incitement of a forcible change of the constitutionally established order, the perpetration of a crime, or the incitement of enmity or violence against anyone.
(2) An injunction on or a confiscation of printed matter or another information medium shall be allowed only through an act of the judicial authorities in the case of an encroachment on public decency or incitement of a forcible change of the constitutionally established order, the perpetration of a crime, or the incitement of violence against anyone. An injunction suspension shall lose force if not followed by a confiscation within 24 hours.
(2) Citizens shall be entitled to obtain information from state bodies and agencies on any matter of legitimate interest to them which is not a state or official secret and does not affect the rights of others.
(2) The organization and procedure for the holding of elections and referendums shall be established by a law.
(2) The procedure for the organizing and holding of meetings and manifestations shall be established by a law. (3) No notice to the municipal authorities shall be required for meetings held indoors.
(2) No organization shall act to the detriment of the country's sovereignty and national integrity, or the unity of the nation, nor shall it incite racial, national, ethnic or religious enmity or an encroachment on the rights and freedoms of citizens; no organization shall establish clandestine or paramilitary structures or shall seek to attain its aims through violence. (3) The law shall establish which organizations shall be subject to registration, the procedure for their termination, and their relationships with the state.
(2) Spouses shall have equal rights and obligations in matrimony and the family. (3) The form of a marriage, the conditions and procedure for its conclusion and termination, and all private and material relations between the spouses shall be established by a law.
(2) Mothers shall be the object of special protection on the part of the state and shall be guaranteed prenatal and postnatal leave, free obstetric care, alleviated working conditions and other social assistance. (3) Children born out of wedlock shall enjoy equal rights with those born in wedlock. (4) Abandoned children shall enjoy the protection of the state and society. (5) The conditions and procedure for the restriction or suspension of parental rights shall be established by a law.
(2) The state shall create conditions conducive to the exercise of the right to work by the physically or mentally handicapped. (3) Everyone shall be free to choose an occupation and place of work. (4) No one shall be compelled to do forced labour. (5) Workers and employees shall be entitled to healthy and non-hazardous working conditions, to guaranteed minimum pay and remuneration for the actual work performed, and to rest and leave, in accordance with conditions and procedures established by a law.
(2) The state shall provide social security for the temporarily unemployed in accordance with conditions and procedures established by a law. (3) The aged without relatives and unable to support themselves, as well as the physically and mentally handicapped shall enjoy the special protection of the state and society.
(2) Citizensâ medical care shall be financed from the state budget, by employers, through private and collective health-insurance schemes, and from other sources in accordance with conditions and procedures established by a law. (3) The state shall protect the health of citizens and shall promote the development of sports and tourism. (4) No one shall be subject to forcible medical treatment or sanitary measures except in circumstances established by a law. The state shall exercise control over all medical facilities and over the production and trade in pharmaceuticals, biologically active substances and medical equipment.
(2) School attendance up to the age of 16 shall be compulsory. (3) Primary and secondary education in state and municipal schools shall be free. In circumstances established by a law, the higher educational establishments shall provide education free of charge. (4) Higher educational establishments shall enjoy academic autonomy. (5) Citizens and organizations shall be free to found schools m accordance with conditions and procedures established by a law. The education they provide shall fit the requirements of the state. (6) The state shall promote education by opening and financing schools, by supporting capable school and university students, and by providing opportunities for occupational training and retraining. It shall exercise control over all kinds and levels of schooling.
(2) Artistic, scientific and technological creativity shall be recognized and guaranteed by the law. (3) The state shall protect all inventors' rights, copyrights and related rights.
(2) Rights shall not be abused, nor shall they be exercised to the detriment of the rights or the legitimate interests of others. (3) Following a proclamation of war, martial law or a state of emergency the exercise of individual civil rights may be temporarily curtailed by a law, except for the rights established by Article 28, Article 29, Article 31 para 1, 2 and 3, Article 32 para 1, and Article 37.
(2) Obligations established by the Constitution and the law shall not be defaulted upon on grounds of religious or other convictions.
(2) The carrying out of military obligations, and the conditions and procedure for exemption therefrom or for replacing them with alternative service shall be established by a law.
Article 62. The National Assembly shall be vested with the legislative authority and shall exercise parliamentary control.
(2) In case of war, armed hostilities or another state of emergency occurring during or after the expiry of the National Assembly's term, its mandate shall be extended until the expire of the circumstances. (3) Elections for a new National Assembly shall be held within two months from the expiry of the mandate of the preceding one.
(2) A candidate for a National Assembly seat holding a state post shall resign upon the registration of his candidacy.
(2) Members of the National Assembly shall act on the basis of the Constitution and the laws and in accordance with their conscience and convictions.
(2) A Member of the National Assembly elected as a minister shall cease to serve as a Member during his term of office as a minister. During that period, he shall be substituted in the National Assembly in a manner established by a law.
(2) Instances 1 and 2 shall require a resolution of the National Assembly; instance 3 shall require a ruling by the Constitutional Court.
(2) At the first session the Members shall swear the following oath: "I swear in the name of the Republic of Bulgaria to observe the Constitution and the laws of the country and in all my actions to be guided by the interests of the people. I am sworn." (3) The National Assembly shall elect at the same session its Chairman and Vice Chairmen.
(2) The Vice Chairmen of the National Assembly shall assist the Chairman and carry out any activities devolved by him.
(2) The permanent committees shall aid the work of the National Assembly and shall exercise parliamentary control on its behalf. (3) Ad hoc committees shall be elected to conduct inquiries and investigations.
(2) The National Assembly shall pass laws and other acts by a majority of more than one-half of the present Members, except when a qualified majority is required by the Constitution. (3) Voting shall be personal and open, except when the Constitution requires or the National Assembly resolves on a secret ballot.
(2) The National Assembly and the parliamentary committees shall be free to order ministers to attend their sessions and respond to questions.
(2) Treaties ratified by the National Assembly may be amended or denounced only by their built-in procedure or in accordance with the universally acknowledged norms of international law. (3) The conclusion of an international treaty requiring an amendment to the Constitution shall be preceded by the passage of such an amendment.
(2) The laws and resolutions passed by the National Assembly shall be binding on all state bodies, all organizations and all citizens.
(2) The State Budget Bill shall be drawn up and presented by the Council of Ministers.
(2) All other acts of the National Assembly shall require a single ballot. Each passed act shall be promulgated in Durzhaven Vestnik (The State Gazette) within l5 days from its passage.
(3) Should the National Assembly reject a vote of no confidence in the Council of Ministers, the next motion for a vote of no confidence on the same grounds shall not be made before the expiry of six months.
(2) A motion by one-fifth of the Members of the National Assembly shall be required to turn an interpolation into a debate on which a resolution shall be passed.
(2) The organization, authority and procedures by which the Accountancy Chamber shall act shall be established by a law. Article 92.
(2) The President shall be assisted in his actions by a Vice President.
(2) Eligible for President shall be any natural-born Bulgarian citizen over 40 years of age and qualified to be elected to the National Assembly, who has resided in the country for the five years preceding the election. (3) To be elected, a candidate shall require more than one-half of the valid ballots, provided that more than half of all eligible voters have cast their ballots in the election. (4) Should none of the candidates for President be elected, a runoff vote shall be held within seven days between the two top candidates. The winner shall be the candidate who wins the majority of the vote. (5) A presidential election shall be held not earlier than three months and not later than two months before the expiry of the term of office of the incumbent President. (6) The Constitutional Court shall rule upon any challenge to the legality of a presidential election within a month's time after the election.
(2) The President and the Vice President shall not serve as Members of the National Assembly or engage in any other state, public or economic activity, nor shall they participate in the leadership of any political party.
2. lasting incapacitation caused by a grave illness; 3. in pursuant to Article 103. 4. death; (2) In instances 1 and 2, the prerogatives of the President or Vice President shall be suspended upon the Constitutional Court's establishing the existence of the respective circumstances; (3) In instance 1, the Vice President shall assume the duties of the President until the expiry of the term of office. (4) Should the Vice President be incapable of assuming the President s duties, the President's prerogatives shall be assumed by the Chairman of the National Assembly until the election of a new President and Vice President. Elections for President and Vice President shall then be held within two months.
(2) Should the Prime Minister-designate fail to form a government within seven days, the President shall entrust this task to a Prime Minister-designate nominated by the second largest parliamentary group. (3) Should the new Prime Minister-designate also fail to form a government within the period established by the preceding paragraph, the President shall entrust the task to a Prime Minister-designate nominated by one of the minor parliamentary groups. (4) Should the consultations prove successful, the President shall ask the National Assembly to elect the Prime Minister-designate. (5) Absent an agreement on the formation of a government, the President shall appoint a caretaker government, dissolve the National Assembly and schedule new elections within the period established by Article 64 para 3. The President's act on the dissolution of the National Assembly shall also establish the date of the new general elections. (6) The procedure for forming a government established by the preceding paragraphs shall further apply in the instances envisaged by Article 111 para 1. (7) In the instances envisaged by para 5 and 6, the President shall not dissolve the National Assembly during the last three months of his term of office. Should Parliament fail to form a government within the established period, the President shall appoint a caretaker government.
(2) The President shall appoint and dismiss the higher command of the Armed Forces and shall bestow all higher military ranks on a motion from the Council of Ministers. (3) The President shall preside over the Consultative National Security Council, the status of which shall be established by a law. (4) The President shall proclaim general or partial mobilization on a motion from the Council of Ministers in accordance with the law. (5) The President shall proclaim a state of war in the case of an armed attack against Bulgaria or whenever urgent actions are required by virtue of an international commitment, or shall proclaim martial law or any other state of emergency whenever the National Assembly is not in session and cannot be convened. The National Assembly shall then be convened forthwith to endorse the decision.
(2) The new passage of such a bill shall require a majority of more than half of all Members of the National Assembly. (3) Following a new passage of the bill by the National Assembly, the President shall promulgate it within seven days following its receipt.
(2) The President's decrees shall be countersigned by the Prime Minister or the minister concerned. (3) No countersigning shall be required for decrees pertaining to: 1. the appointment of a caretaker government; 2. the appointment of a Prime Minister-designate; 3. dissolution of the National Assembly; 4. return of a bill to the National Assembly for further debate; 5. the organization and manner of action of the offices of the Presidency and the appointment of their staff; 6. the scheduling of an election or referendum; 7. the promulgation of a law.
(2) An impeachment shall require a motion from no fewer than one-fourth of all Members of the National Assembly and shall stand if supported by more than two-thirds of the Members. (3) An impeachment against the President or Vice President shall be tried by the Constitutional Court within a month following the lodging of the impeachment. Should the Constitutional Court convict the President or Vice President of high treason, or of a violation of the Constitution, the President's or Vice President's prerogatives shall be suspended. (4) No one shall place the President or the Vice President under detention, nor shall initiate criminal proceedings against them. Article 105.
(2) The Council of Ministers shall ensure the public order and national security and shall exercise overall guidance over the state administration and the Armed Forces.
(2) The Prime Minister shall head, coordinate and bear responsibility for the overall policy of the government. He shall appoint and dismiss the deputy ministers. (3) Each member of the Council of Ministers shall head a ministry, except insofar as the National Assembly resolves otherwise. Each minister shall account for his own activity.
(2) The Council of Ministers shall hand in its resignation before the newly elected National Assembly. (3) Should any of the above occur, the Council of Ministers shall continue to act until the election of a new Council of Ministers.
(2) Should the Council of Ministers fail to receive the requested vote of confidence, the Prime Minister shall hand in the governmentâs resignation.
(2) The National Assembly shall be free to determine any other post or activity which a member of the Council of Ministers shall not hold or engage in.
(2) A law shall establish the conditions for the appointment and dismissal of state employees and the conditions on which they shall be free to belong to political parties and trade unions, as well as to exercise their right to strike.
(2) The judicial branch shall be independent. In the performance of their functions, all judges, court assessors, prosecutors and investigating magistrates shall be subservient only to the law. (3) The judicial branch of government shall have an independent budget.
(2) Specialized courts may be set up by virtue of a law. (3) There shall be no extraordinary courts.
(2) Citizens and legal entities shall be free to contest any administrative act which affects them, except those listed expressly by the laws.
(2) Judicial proceedings shall ensure the establishment of truth. (3) All courts shall conduct their hearings in public, unless provided otherwise by a law. (4) All court rulings shall be motivated.
(2) The procedure by which the right to legal counsel shall be practiced shall be established by a law.
(2) The Supreme Administrative Court shall rule on all challenges to the legality of acts of the Council of Ministers and the individual ministers, and of other acts established by a law.
(2) The Chief Prosecutor shall oversee the legality and provide methodological guidance to all other prosecutors.
(2) The Chairman of the Supreme Court of Cassation, the Chairman of the Supreme Administrative Court and the Chief Prosecutor shall be appointed and dismissed by the President of the Republic on a motion from the Supreme Judicial Council for a period of seven years, and shall not be eligible for a second term in office. The President shall not deny an appointment or dismissal on a repeated motion. (3) Justices, prosecutors and investigating magistrates shall become unsubstitutable upon completing a third year in the respective office. They shall be dismissed only upon retirement, resignation, upon the enforcement of a prison sentence for a deliberate crime, or upon lasting actual disability to perform their functions over more than one year.
(2) Eligible for election to the Supreme Judicial Council besides its ex officio members shall be practicing lawyers of high professional and moral integrity with at least 15 years of professional experience. (3) Eleven of the members of the Supreme Judicial Council shall be elected by the National Assembly, and eleven shall be elected by the bodies of the judicial branch. (4) The elected members of the Supreme Judicial Council shall serve terms of five years. They shall not be eligible for immediate re-election. (5) The meetings of the Supreme Judicial Council shall be chaired by the Minister of Justice, who shall not be entitled to a vote.
(2) The immunity of a justice, prosecutor or investigating magistrate shall be lifted by the Supreme Judicial Council only in the circumstances established by the law. |