Constitution (1991, as amended 2007)

CONSTITUTION

OF THE REPUBLIC OF BULGARIA

Prom. SG 56/13 Jul 1991, amend. SG 85/26 Sep 2003, SG 18/25 Feb 2005, SG 27/31 Mar 2006, SG 78/26 Sep 2006 - Constitutional Court Judgment No.7/2006 , SG 12/6 Feb 2007

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Chapter one

FUNDAMENTAL PRINCIPLES

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Art. 5.

(1) The Constitution shall be the supreme law, and no other law shall contravene it.

(2) The provisions of the Constitution shall apply directly.

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(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.

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Art. 8.

The power of the state shall be divided between legislative, executive and judicial branches.

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Chapter three

NATIONAL ASSEMBLY

Art. 62.

(1) (Prev. text of art. 62- SG 12/07) The National Assembly shall be vested with the legislative authority and shall exercise parliamentary control.

(2) (New - SG 12/07) The National Assembly shall have an independent budget.

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Art. 73.

The National Assembly shall be organized and shall act in accordance with the Constitution and its own internal rules.

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Art. 82.

Sessions of the National Assembly shall be public. The National Assembly may by exception resolve to hold some sessions behind closed doors.

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Art. 84.

The National Assembly shall:

1. pass, amend, supplement, and repeal the laws;

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Art. 85.

(1) The National Assembly shall ratify or denounce by law all international treaties which:

1. are of a political or military nature;

2. concern the Republic of Bulgaria’s participation in international organizations;

3. envisage corrections to the borders of the Republic of Bulgaria;

4. contain obligations for the treasury;

5. envisage the state’s participation in international arbitration or legal proceedings;

6. concern fundamental human rights;

7. affect the action of the law or require new legislation in order to be enforced;

8. expressly require ratification;

9. (new, SG 18/05) confer to the European Union powers ensuing from this Constitution.

(2) (new, SG 18/05) The law ratifying the international treaty referred to in para 1, item 9 shall be adopted by a majority of two-thirds of all members of the Parliament.

(3) (former para 2, SG 18/05) 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.

(4) (former para 3, SG 18/05) The conclusion of an international treaty requiring an amendment to the Constitution shall be preceded by the passage of such an amendment.

Art. 86.

(1) The National Assembly shall pass laws, resolutions, declarations and addresses.

(2) The laws and resolutions passed by the National Assembly shall be binding on all state bodies, all organizations and all citizens.

Art. 87.

(1) Any Member of the National Assembly or the Council of Ministers shall have the right to introduce a bill.

(2) The State Budget Bill shall be drawn up and presented by the Council of Ministers.

Art. 88.

(1) Bills shall be read and voted upon twice, during different sessions. By way of exception, the National Assembly may resolve to hold both ballots during a single session.

(2) All other acts of the National Assembly shall require a single ballot.

(3) Each passed act shall be promulgated in State Gazette within 15 days of being passed.

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Art. 90.

(1) Members of the National Assembly shall have the right to address questions and interpellations to the Council of Ministers and to individual ministers, who shall be obligated to respond.

(2) A motion by one-fifth of the Members of the National Assembly shall be required to turn an interpellation into a debate on which a resolution shall be passed.

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Chapter four

PRESIDENT OF THE REPUBLIC

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Art. 98.

The President of the Republic shall:

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4. promulgate the laws;

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Art. 101.

(1) Within the term established by Art. 88 para 3, the President shall be free to return a bill together with his motives to the National Assembly for further debate, which shall not be refused.

(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.

Art. 102.

(1) Within the prerogatives vested in him, the President shall issue decrees, addresses and messages.

(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 law.

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Chapter five

COUNCIL OF MINISTERS

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Art. 114.

Pursuant to and in implementation of the laws, the Council of Ministers shall adopt decrees, ordinances and resolutions. The Council of Ministers shall promulgate rules and regulations by decree.

Art. 115.

The ministers shall issue rules, regulations, instructions and orders.

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