Adopted on: ۱۲ July ۱۹۹۱
Preamble
We٫ the Members of the Seventh Grand National Assembly٫ guided by our desire to
express the will of the people of Bulgaria٫ by pledging our loyalty to the
universal human values of liberty٫ peace٫ humanism٫ equality٫ justice and
tolerance; by elevating as the uppermost principle the rights٫ dignity and
security of the individual; in awareness of our irrevocable duty to guard the
national and state integrity of Bulgaria٫ hereby promulgate our resolve to
createe a democratic٫ law-governed and social state٫ by establishing this
Constitution.
Chapter One Fundamental Principles
Article ۱ [State]
(۱) Bulgaria is a republic with a parliamentary form of government.
(۲) 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.
(۳) No part of the people٫ no political party nor any other organization٫ state
institution٫ or individual shall usurp the expression of the popular
sovereignty.
Article ۲ [Territorial Integrity]
(۱) The Republic of Bulgaria is an integral state with local self-government.
No autonomous territorial formations shall exist.
(۲) The territorial integrity of the Republic of Bulgaria is inviolable.
Article ۳ [Language]
Bulgarian is the official language of the Republic.
Article ۴ [Rule of Law٫ Human Rights]
(۱) The Republic of Bulgaria is a law-governed state. It is governed by the
Constitution and the laws of the country.
(۲) The Republic of Bulgaria shall guarantee the life٫ dignity٫ and rights of
the individual and shall createe conditions conducive to the free development
of the individual and the civil society.
Article ۵ [Supreme Law]
(۱) The Constitution is the supreme law٫ and no other law shall contravene it.
(۲) The provisions of the Constitution shall apply directly.
(۳) No one shall be convicted for action or inaction which at the time it was
committed did not constitute a crime.
(۴) 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.
(۵) 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.
Article ۶ [Human Dignity٫ Freedom٫ Equality]
(۱) All persons are born free and equal in dignity and rights.
(۲) All citizens shall be equal before the law. There shall be no privileges or
restriction of rights on the grounds of race٫ nationality٫ ethnic
self-identity٫ sex٫ origin٫ religion٫ education٫ opinion٫ political
affiliation٫ personal or social status٫ or property status.
Article ۷ [State Liability]
The state shall be held liable for any damages caused by illegitimate rulings
or acts on the part of its agencies and officials.
Article ۸ [Three Powers]
The power of the state is divided between a legislative٫ an execcutive٫ and a
judicial branch.
Article ۹ [Armed Forces]
The armed forces shall guarantee the sovereignty٫ security٫ and independence of
the county and shall defend its territorial integrity.
Article ۱۰ [Elections٫ Suffrage]
All elections and national and local referendums shall be held on the basis of
universal٫ equal٫ and direct suffrage by secret ballot.
Article ۱۱ [Political Parties]
(۱) Politics in the Republic of Bulgaria shall be founded on the principle of
political plurality.
(۲) No political party or ideology shall be proclaimed or affirmed as a party
or ideology of the state.
(۳) All parties shall facilitate the formation and expression of the
citizens” political will. The procedure applying to the formation and
dissolution of political parties and the conditions pertaining to their
activity is established by law.
(۴) There shall be no political parties on ethnic٫ racial٫ or religious lines٫
nor parties which seek the violent usurpation of state power.
Article ۱۲ [Citizens” Associations]
(۱) The associations of citizens shall serve to meet and safeguard their
interests.
(۲) Citizens” associations٫ including the trade unionns٫ shall not pursue
any political objecttives٫ nor shall they engage in any political activity
which is in the domain of the political parties.
Article ۱۳ [Religion]
(۱) The practicing of any religion is free.
(۲) The religious institutions shall be separate from the state.
(۳) Eastern Orthodox Christianity is considered the traditional religion in the
Republic of Bulgaria.
(۴) Religious institutions and communities and religious beliefs shall not be
used to political ends.
Article ۱۴ [Family]
The family٫ motherhood٫ and childhood shall enjoy the protection of the state
and society.
Article ۱۵ [Nature]
The Republic of Bulgaria shall ensure the protection and reproduction of the
environment٫ the conservation of living nature in all its variety٫ and the
sensible utilization of the country”s natural and other resources.
Article ۱۶ [Labor]
Labor is guaranteed and protected by law.
Article ۱۷ [Property]
(۱) The right to property and inheritance shall guaranteed and protected by
law.
(۲) Property is private and public.
(۳) Private property is inviolable.
(۴) The regime applying to the different units of state and municipal property
is established by law.
(۵) Forcible expropriation of property in the name of state and 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.
Article ۱۸ [State Property]
(۱) The state shall enjoy exclusive ownership rights over the nethers of the
earth; the coastal beaches; the national thoroughfares٫ as well as over
waters٫ forests٫ and parks of national importance٫ and the natural and
archaeological reserves established by law.
(۲) 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.
(۳) The state shall exercise sovereign rights with respect to radio frequencies
and the geostationary orbital positions assigned by international instruments
to the Republic of Bulgaria.
(۴) A state monopoly is establishable by law over railway transport٫ the
national postal and telecommunication networks٫ the use of nuclear energy٫ the
manufacturing of radioactive products٫ armaments٫ explosives٫ and powerful
toxic substances.
(۵) 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 law.
(۶) The state shall utilize and manage all the state”s assets to the benefit
of citizens and society.
Article ۱۹ [Economic Activity]
(۱) The economy of the Republic of Bulgaria shall be based on free economic
initiative.
(۲) 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.
(۳) All investments and economic activity by Bulgarian and foreign persons and
corporate entities shall enjoy the protection of the law.
(۴) The law shall establish conditions favorable to the setting up of
cooperatives and other forms of association of citizens and corporate entities
in the pursuit of economic and social prosperity.
Article ۲۰ [Balanced Development]
The state shall establish conditions favorable to the balanced development of
the different regions of the country and shall assist the territorial bodies
and activities through its fiscal٫ credit٫ and investment policies.
Article ۲۱ [Land]
(۱) Land٫ as a chief national asset٫ shall enjoy particular protection on the
part of the state and society.
(۲) 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 law.
Article ۲۲ [Foreigners Clause]
(۱) No foreign physical person or foreign legal entity shall acquire ownership
over land٫ except through legal inheritance. Ownership thus acquired shall be
duly transferred.
(۲) A foreign physical person or foreign legal entity is free to acquire user
rights٫ building rights٫ and other real rights on terms established by law.
Article ۲۳ [Education٫ Culture]
The state shall establish conditions favorable to the free development of
science٫ education٫ and the arts٫ and shall assist that development. It shall
organize the conservation of all national monuments of history and culture.
Article ۲۴ [Foreign Policy]
(۱) The Republic of Bulgaria shall conduct its foreign policy in accordance
with the principles and norms of international law.
(۲) The foreign policy of the Republic of Bulgaria shall have as its uppermost
objecttive 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.
Chapter Two Fundamental Rights and Obligations of Citizens
Article ۲۵ [Citizenship]
(۱) A Bulgarian citizen is anyone born of at least one parent holding a
Bulgarian citizenship٫ or born on the territory of the Republic of Bulgaria٫
should he not be entitled to any other citizenship by virtue of origin.
Bulgarian citizenship shall further be acquirable through naturalization.
(۲) A person of Bulgarian origin shall acquire Bulgarian citizenship through a
facilitated procedure.
(۳) No one shall be deprived of a Bulgarian citizenship acquired by birth.
(۴) No citizen of the Republic of Bulgaria shall be expatriated or extradited
to another state.
(۵) Any Bulgarian citizen abroad shall be accorded the protection of the
Republic of Bulgaria.
(۶) The conditions and procedure for the acquiring٫ preservation٫ or loss of
Bulgarian citizenship shall be established by law.
Article ۲۶ [Constitutional Rights]
(۱) Irrespective of where they are٫ all citizens of the Republic of Bulgaria
shall be vested with all rights and obligations proceeding from this
Constitution.
(۲) 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.
Article ۲۷ [Extradition٫ Asylum]
(۱) Foreigners residing legally in the country shall not be expelled or
extradited to another state against their will٫ except in accordance with the
provisions and the procedures established by law.
(۲) The Republic of Bulgaria shall grant asylum to foreigners persecuted for
their opinions or activity in the defence of internationally recognized rights
and freedoms.
(۳) The conditions and procedure for the granting of asylum shall be
established by law.
Article ۲۸ [Life]
Everyone shall have the right to life. Any attack upon a human
life shall be punished as a most severe crime.
Article ۲۹ [Torture]
(۱) No one shall be subjected to torture or to cruel٫ inhuman٫ or degrading
treatment٫ or to forcible assimilation.
(۲) No one shall be subjected to medical٫ scientific٫ or other experimentation
without his voluntary written consent.
Article ۳۰ [Personal Freedom and Integrity٫ Defence]
(۱) Everyone is entitled to personal freedom and inviolability.
(۲) 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 law.
(۳) The state authorities shall be free to detain a citizen only in the urgent
circumstances expressly stipulated by law٫ and shall immediately advise the
judicial authorities accordingly. The judicial authorities shall rule on the
legality of a detention within the next ۲۴ hours.
(۴) Everyone is entitled to legal counsel from the moment of detention or from
the moment of being charrged.
(۵) Everyone is entitled to meet his legal counsel in private. The
confidentiality of such communication shall be inviolable.
Article ۳۱ [Criminal Trials]
(۱) Anyone charrged with a crime shall be brought before a court within the
time established by law.
(۲) No one shall be forced to plead guilty٫ and no one shall be convicted
solely by virtue of a confession.
(۳) A defendant shall be considered innocent until proven otherwise by a final
verdict.
(۴) The rights of a defendant shall not be restricted beyond what is necessary
for the purposes of a fair trial.
(۵) Prisoners shall be kept in conditions conducive to the exercise of those of
their fundamental rights which are not restricted by virtue of their sentence.
(۶) Prison sentences shall be served only at the facilities established by law.
(۷) There shall be no limitation to the prosecution and the execcution of a
sentence for crimes against peace and humanity.
Article ۳۲ [Privacy]
(۱) The privacy of citizens is inviolable. Everyone is entitled to protection
against any illegal interference in his private or family affairs and against
encroachments on his honor٫ dignity٫ and reputation.
(۲) 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 law.
Article ۳۳ [Home]
(۱) The home is inviolable. No one shall enter or stay inside a home without
its occupant”s consent٫ except in the cases expressly stipulated by law.
(۲) Entering a home or staying inside 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.
Article ۳۴ [Confidential Communication]
(۱) The freedom and confidentiality of correspondence and all other
communications is inviolable.
(۲) 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.
Article ۳۵ [Residence٫ Movement]
(۱) Everyone is free to choose a place of residence and has the right to
movement on the territory of the country and to leave the country. This right
shall be restricted only by virtue of a law in the name of national security٫
public health٫ and the rights and freedoms of other citizens.
(۲) Every Bulgarian citizen shall have the right to return to the country.
Article ۳۶ [Language]
(۱) The study and use of the Bulgarian language is a right and obligation of
every Bulgarian citizen.
(۲) 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.
(۳) The situations in which only the official language shall be used shall be
established by law.
Article ۳۷ [Freedom of Religion and Belief]
(۱) The freedom of conscience٫ the freedom of thought٫ and the choice of
religion and of religious or atheistic views are inviolable. The state shall
assist the maintenance of tolerance and respect among the believers from
different denominations٫ and among believers and non-believers.
(۲) 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.
Article ۳۸ [Freedom of Opinion]
No one shall be persecuted or restricted in his rights because of his views٫
nor shall be obligated or forced to provide information about his own or
another person”s views.
Article ۳۹ [Expression]
(۱) Everyone is entitled to express an opinion or to publicize it through
words٫ written or oral٫ sound٫ or image٫ or in any other way.
(۲) 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.
Article ۴۰ [Press٫ Media]
(۱) The press and the other mass information media are free and shall not be
subjected to censorship.
(۲) 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 ۲۴ hours.
Article ۴۱ [Information]
(۱) Everyone is entitled to seek٫ obtain٫ and disseminate information. This
right shall not be exercised to the detriment of the rights and reputation of
others٫ or to the detriment of national security٫ public order٫ public health٫
and morality.
(۲) 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.
Article ۴۲ [Electoral Rights]
(۱) Every citizen above the age of ۱۸٫ with the exception of those placed under
judicial interdiction or serving a prison sentence٫ is free to elect state and
local authorities and vote in referendums.
(۲) The organization and procedure for the holding of elections and referendums
shall be established by law.
Article ۴۳ [Assembly]
(۱) Citizens shall have the right to peaceful and unarmed assembly for meetings
and manifestations.
(۲) The procedure for the organizing and holding of meetings and manifestations
shall be established by law.
(۳) No notice to the municipal authorities shall be required for meetings held
indoors.
Article ۴۴ [Association]
(۱) Citizens shall be free to associate.
(۲) 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.
(۳) The law shall establish which organizations shall be subject to
registration٫ the procedure for their termination٫ and their relationships with
the state.
Article ۴۵ [Petition]
Citizens have the right to lodge complaints٫ proposals٫ and petitions with the
state authorities.
Article ۴۶ [Matrimony]
(۱) Matrimony is a free unionn between a man and a woman. Only a civil
marriage shall be legal.
(۲) Spouses shall have equal rights and obligations in matrimony and the
family.
(۳) 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 law.
Article ۴۷ [Parents٫ Children]
(۱) The raising and upbringing of children until they come of legal age shall
be a right and obligation of their parents and shall be assisted by the state.
(۲) Mothers shall be the objectt of the state and shall be guaranteed prenatal
and postnatal leave٫ free obstetric care٫ alleviated working conditions٫ and
other social assistance.
(۳) Children born out of wedlock shall enjoy equal rights with those born in
wedlock.
(۴) Abandoned children shall enjoy the protection of the state and society.
(۵) The conditions and procedure for the restriction or suspension of parental
rights shall be established by law.
Article ۴۸ [Right to Work]
(۱) Citizens shall have the right to work. The state shall take care to provide
conditions for the exercising of this right.
(۲) The state shall createe conditions favorable to the exercise of the right
to work by the physically or mentally handicapped.
(۳) Everyone is free to choose an occupation and place of work.
(۴) No one shall be compelled to do forced labor.
(۵) 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 law.
Article ۴۹ [unionns]
(۱) Workers and employees shall be free to form trade unionn organizations and
alliances in defence of their interests related to work and social security.
(۲) Employers shall be free to associate in defence of their economic
interests.
Article ۵۰ [Strike]
Workers and employees shall have the right to strike in defence of their
collective economic and social interests. This right shall be exercised in
accordance with conditions and procedures established by law.
Article ۵۱ [Welfare]
(۱) Citizens shall have the right to social security and welfare aid.
(۲) The state shall provide social security for the temporarily unemployed in
accordance with conditions and procedures established by law.
(۳) 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.
Article ۵۲ [Health Care]
(۱) Citizens shall have the right to medical insurance guaranteeing them
affordable medical care٫ and to free medical care in accordance with conditions
and procedures established by law.
(۲) Citizens” 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 law.
(۳) The state shall protect the health of citizens and shall promote the
development of sports and tourism.
(۴) No one shall be subjected to forcible medical treatment or sanitary
measures except in circumstances established by law.
(۵) The state shall exercise control over all medical facilities and over the
production and trade in pharmaceuticals٫ biologically active substances٫ and
medical equipment.
Article ۵۳ [Education]
(۱) Everyone shall have the right to education.
(۲) School attendance up to the age of ۱۶ is compulsory.
(۳) Primary and secondary education in state and municipal schools is free. In
circumstances established by law٫ the higher educational establishments shall
provide education free of charrge.
(۴) Higher educational establishments shall enjoy academic autonomy.
(۵) Citizens and organizations shall be free to found schools in accordance
with conditions and procedures established by law. The education they provide
shall fit the requirements of the state.
(۶) 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.
Article ۵۴ [Culture٫ Creativity]
(۱) Everyone shall have the right to avail himself of the national and
universal human cultural values and to develop his own culture in accordance
with his ethnic self-identification٫ which shall be recognized and guaranteed
by the law.
(۲) Artistic٫ scientific٫ and technological creativity shall be recognized and
guaranteed by the law.
(۳) The state shall protect all inventors” rights٫ copyrights٫ and related
rights.
Article ۵۵ [Environment]
Citizens shall have the right to a healthy and favorable environment
corresponding to the established standards and norms. They shall protect the
environment.
Article ۵۶ [Legal Counsel]
Everyone shall have the right to legal defence whenever his rights or
legitimate interests are violated or endangered. He shall have the right to be
accompanied by legal counsel when appearing before an agency of the state.
Article ۵۷ [Infringement]
(۱) The fundamental civil rights shall be irrevocable.
(۲) Rights shall not be abused٫ nor shall they be exercised to the detriment of
the rights or the legitimate interests of others.
(۳) Following a proclamation of war٫ martial law٫ or a state of emergency the
exercise of individual civil rights may be temporarily curtailed by law٫ except
for the rights established by Article ۲۸٫ ۲۹٫ ۳۱ (۱)-(۳)٫ ۳۲ (۱)٫ and ۳۷.
Article ۵۸ [Observing Constitution]
(۱) Citizens shall observe and implement the Constitution and the laws. They
shall respect the rights and the legitimate interests of others.
(۲) Obligations established by the Constitution and the law shall not be
defaulted upon on grounds of religious or other convictions.
Article ۵۹ [Military Service]
(۱) To defend the country shall be a duty and a matter of honor of every
Bulgarian citizen. High treason and betrayal of the country shall be treated as
crimes of utmost gravity and shall be punished with all the severity of the
law.
(۲) 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 law.
Article ۶۰ [Taxes]
(۱) Citizens shall pay taxes and duties established by law proportionately to
their income and property.
(۲) Any tax concession or surtax shall be established by law.
Article ۶۱ [Catastrophes]
Citizens shall assist the state and society in the case of a natural or other
disaster٫ on conditions and in a manner established by law.
Chapter Three National Assembly
Article ۶۲ [Legislative Authority]
The National Assembly is vested with the legislative authority and shall
exercise parliamentary control.
Article ۶۳ [Members]
The National Assembly shall consist of ۲۴۰ members.
Article ۶۴ [Term]
(۱) The National Assembly is elected for a term of four years.
(۲) 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 expiry
of the circumstances.
(۳) Elections for a new National Assembly shall be held within two months from
the expiry of the mandate of the preceding one.
Article ۶۵ [Eligibility]
(۱) Eligible for election to the National Assembly is any Bulgarian citizen who
does not hold another citizenship٫ is above the age of ۲۱٫ is not under a
judicial interdiction٫ and is not serving a prison sentence.
(۲) A candidate for a National Assembly seat holding a state post shall resign
upon the registration of his candidacy.
Article ۶۶ [Control]
The legitimacy of an election may be contested before the Constitutional Court
by a procedure established by law.
Article ۶۷ [Mandate]
(۱) Members of the National Assembly shall represent not only their
constituencies but the entire nation. No Member shall be held to a mandatory
mandate.
(۲) Members of the National Assembly shall act on the basis of the Constitution
and the laws and in accordance with their conscience and convictions.
Article ۶۸ [Incompatibility٫ Sleeping Mandate]
(۱) A Member of the National Assembly shall not occupy another state post٫ nor
shall engage in any other activity which the law defines as incompatible with
the status of a Member of the National Assembly.
(۲) 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
law.
Article ۶۹ [Indemnity]
Members of the National Assembly shall not be held criminally liable for their
opinions or votes in the National Assembly.
Article ۷۰ [Immunity]
A Member of the National Assembly is immune from detention or criminal
prosecution except for the perpetration of a grave crime٫ when a warrant from
the National Assembly or٫ in between its session٫ from the Chairman of the
National Assembly٫ is required. No warrant shall be required when a Member is
detained in the course of committing a grave crime; the National Assembly or٫
in between its session٫ the Chairman of the National Assembly٫ shall be
notified forthwith.
Article ۷۱ [Emoluments]
The National Assembly shall establish the emoluments of its Members.
Article ۷۲ [Resignation٫ Dismissal]
(۱) A Member”s prerogatives shall expire before the expiry of his term of
office upon any of the following occurrences:
۱) resignation presented before the National Assembly;
۲) enforcement of a prison sentence for an intentional crime٫ or of an
unsuspended prison sentence;
۳) establishment of ineligibility or incompatibility.
(۲) Instances ۱ and ۲ shall require a resolution of the National Assembly;
instance ۳ shall require a ruling by the Constitutional Court.
Article ۷۳ [Internal Rules]
The National Assembly is organized and shall act in accordance with the
Constitution and its own internal rules.
Article ۷۴ [Sessions٫ Recesses]
The National Assembly is a permanently acting body. It is free to determine its
recesses.
Article ۷۵ [First Session]
A newly elected National Assembly shall be convened for a first session by the
President of the Republic within a month following its election. Should the
President fail to do so٫ it shall be convened by one-fifth of the Members of
the National Assembly.
Article ۷۶ [Oath]
(۱) The first session of the National Assembly shall be opened by the senior
present Member.
(۲) 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.”
(۳) The National Assembly shall elect at the same session its Chairman and Vice
Chairmen.
Article ۷۷ [Functions of Chairmen]
(۱) The Chairman of the National Assembly shall:
۱) represent the National Assembly;
۲) propose the agenda for each session;
۳) open٫ chair and close the sessions of the National Assembly and maintain
orderly proceedings;
۴) attest by his signature the contents of the acts passed by the National
Assembly;
۵) promulgate all resolutions٫ declarations٫ and addresses passed by the
National Assembly;
۶) organize the National Assembly”s international contacts.
(۲) The Vice Chairmen of the National Assembly shall assist the Chairman and
carry out any activities devolved by him.
Article ۷۸ [Convention]
The National Assembly shall be convened for its sessions by its Chairman:
۱) on his own initiative;
۲) at the request of one-fifth of its members;
۳) at the request of the President;
۴) at the request of the Council of Ministers.
Article ۷۹ [Committees]
(۱) The National Assembly shall elect permanent and ad hoc committees from
among its Members.
(۲) The permanent committees shall aid the work of the National Assembly and
shall exercise parliamentary control on its behalf.
(۳) Ad hoc committees shall be elected to conduct inquiries and investigations.
Article ۸۰ [Testimony]
Any official or citizen summoned by a parliamentary commission is obliged to
testify and present any required documents.
Article ۸۱ [Quorum٫ Majorities٫ Voting]
(۱) The National Assembly is free to hold a session and pass resolutions when
more than half of its Members are present.
(۲) 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.
(۳) Voting is personal and open٫ except when the Constitution requires or the
National Assembly resolves on a secret ballot.
Article ۸۲ [Publicity]
Sessions of the National Assembly shall be public. The National Assembly may by
exception resolve to hold some sessions behind closed doors.
Article ۸۳ [Government Participation]
(۱) Ministers shall be free to attend the sessions of the National Assembly and
the parliamentary committees. They shall be given priority in addressing the
Members.
(۲) The National Assembly and the parliamentary committees shall be free to
order ministers to attend their sessions and respond to questions.
Article ۸۴ [Functions]
The National Assembly shall:
۱) pass٫ amend٫ and rescind the laws;
۲) pass the state budget bill and the budget report;
۳) establish the taxes and their size;
۴) schedule the elections for a President of the Republic;
۵) resolve on the holding of a national referendum;
۶) elect and dismiss the Prime Minister and٫ on his motion٫ the members of the
Council of Ministers; effect changes in the government on a motion from the
Prime Minister;
۷) createe٫ transform and close down ministries on a motion from the Prime
Minister;
۸) elect and dismiss the Governor of the Bulgarian National Bank and the heads
of other institutions established by law;
۹) approve state-loan agreements;
۱۰) resolve on the declaration of war and conclusion of peace;
۱۱) approve any deployment and use of Bulgarian armed forces outside the
country”s borders٫ and the deployment of foreign troops on the territory of
the country or their crossing of that territory;
۱۲) on a motion from the President or the Council of Ministers٫ introduce
martial law or a state of emergency on all or part of the country”s
territory;
۱۳) grant amnesty;
۱۴) institute orders and medals;
۱۵) establish the official holidays.
Article ۸۵ [International Instruments]
(۱) The National Assembly shall ratify or denounce by law all international
instruments which:
۱) are of a political or military nature;
۲) concern the Republic of Bulgaria”s participation in international
organizations;
۳) envisage corrections to the borders of the Republic of Bulgaria;
۴) contain obligations for the treasury;
۵) envisage the state”s participation in international arbitration or legal
proceedings;
۶) concern fundamental human rights;
۷) affect the action of the law or require new legislation in order to be
enforced;
۸) expressly require ratification.
(۲) 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.
(۳) The conclusion of an international treaty requiring an
amendment to the Constitution shall be preceded by the passage of such an
amendment.
Article ۸۶ [Binding Laws and Resolutions]
(۱) The National Assembly shall pass laws٫ resolutions٫ declarations٫ and
addresses.
(۲) The laws and resolutions passed by the National Assembly shall be binding
on all state bodies٫ all organizations٫ and all citizens.
Article ۸۷ [Initiative]
(۱) Any Member of the National Assembly or the Council of Ministers shall have
the right to introduce a bill.
(۲) The State Budget Bill shall be drawn up and presented by the Council of
Ministers.
Article ۸۸ [Deliberation]
(۱) 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.
(۲) All other acts of the National Assembly shall require a single ballot.
(۳) Each passed act is promulgated in The National Gazette within ۱۵ days from
its passage.
Article ۸۹ [Motion of No Confidence]
(۱) A motion of no confidence in the in the Council of Ministers shall require
a seconding by one-fifth or more of the Members of the National Assembly. To be
passed٫ the motion shall require a majority of more than half of the votes of
all National Assembly Members.
(۲) Should the National Assembly vote no confidence in the Prime Minister or
the Council of Ministers٫ the Prime Minister shall hand in his government”s
resignation.
(۳) 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.
Article ۹۰ [Interpellations]
(۱) 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.
(۲) A mation 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.
Article ۹۱ [Accountancy Chamber]
(۱) The National Assembly shall establish an Accountancy Chamber to control the
implementation of the budget.
(۲) The organization٫ authority٫ and procedures by which the Accountancy
Chamber shall act shall be established by law.
Chapter Four President of the Republic
Article ۹۲ [Head of State]
(۱) The President is the head of state. He shall embody the unity of the nation
and shall represent the state in its international relations.
(۲) The President shall be assisted in his actions by a Vice President.
Article ۹۳ [Elections]
(۱) The President is elected directly by the voters for a period of five years
by a procedure established by law.
(۲) Eligible for President is any natural-born Bulgarian citizen
over ۴۰ 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.
(۳) 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.
(۴) Should none of the candidates for President be elected٫ a runoff vote is
held within seven days between the two top candidates. The winner is the
candidate who wins the majority of the vote.
(۵) 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.
(۶) The Constitutional Court shall rule upon any challenge to the legality of a
presidential election within a month”s time after the election.
Article ۹۴ [Vice President]
The Vice President is elected at the same time and on the same ticket as the
President٫ on the same conditions and by the same procedure.
Article ۹۵ [Re-election٫ Incompatibility]
(۱) The President and the Vice President shall be eligible for only one
re-election to the same office.
(۲) 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.
Article ۹۶ [Oath]
The President and the Vice President shall swear before the National Assembly
the oath established by Article ۷۶ (۲).
Article ۹۷ [Resignation٫ Dismissal]
(۱) The President”s or Vice President”s authority shall expire before the
expiry of his term of office upon any of the following occurrences:
۱) resignation submitted before the Constitutional Court;
۲) lasting incapacitation caused by a grave illness;
۳) following Article ۱۰۳;
۴) death.
(۲) In instances ۱ and ۲٫ the prerogatives of the President or Vice President
shall be suspended upon the Constitutional Court”s establishing the
existence of the respective circumstances.
(۳) In instance ۱٫ the Vice President shall assume the duties of the President
until the expiry of the term of office.
(۴) 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.
Article ۹۸ [Functions]
The President of the Republic shall:
۱) schedule the elections for a National Assembly and for the bodies of local
self-government and shall set the date for national referendums pursuant to a
resolution of the National Assembly;
۲) address the Nation and the National Assembly;
۳) conclude international treaties in the circumstances established by the law;
۴) promulgate the laws;
۵) on a motion from the Council of Ministers٫ determine the borders of the
administrative territorial units and their centres;
۶) on a motion from the Council of Ministers٫ appoint and dismiss the heads of
the Republic of Bulgaria”s diplomatic and permanent missions at
international organizations٫ and receive the credentials and the letters of
recall of the foreign diplomatic representatives to this country;
۷) appoint and dismiss from office other state officials٫ established by law;
۸) award orders and medals;
۹) grant٫ restore٫ relieve from and withdraw Bulgarian citizenship;
۱۰) grant asylum;
۱۱) exercise the right to pardon;
۱۲) cancel uncollectible debts to the state;
۱۳) name landmarks and communities of national importance;
۱۴) inform the National Assembly on basic problems within his prerogatives.
Article ۹۹ [Establishing Government]
(۱) Following consultations with the parliamentary groups٫ the President shall
appoint the Prime Minister candidate nominated by the party holding the highest
number of seats in the National Assembly to form a government.
(۲) Should the Prime Minister candidate fail to form a government within seven
days٫ the President shall entrust this task to a Prime Minister candidate
nominated by the second largest parliamentary group.
(۳) Should the new Prime Minister candidate also fail to form a government
within the period established by the preceding paragraph٫ the President shall
entrust the task to a Prime Minister candidate nominated by one of the minor
parliamentary groups.
(۴) Should the consultations prove successful٫ the President shall ask the
National Assembly to elect the Prime Minister candidate.
(۵) 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 ۶۴ (۳). The President”s
act on the dissolution of the National Assembly shall also establish the date
of the new general elections.
(۶) The procedure for forming a government established by the preceding
paragraphs shall further apply in the instances envisaged by Article ۱۱۱ (۱).
(۷) In the instances envisaged by Paragraphs (۵) and (۶)٫ 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.
Article ۱۰۰ [Commander-in-Chief٫ War]
(۱) The President is the Supreme Commander-in-Chief of the Armed Forces of the
Republic of Bulgaria.
(۲) 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.
(۳) The President shall preside over the Consultative National Security
Council٫ the status of which is established by law.
(۴) The President shall proclaim general or partial mobilization on a motion
from the Council of Ministers in accordance with the law.
(۵) 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.
Article ۱۰۱ [Veto]
(۱) Within the term established by Article ۸۸ (۳)٫ the President is free to
return a bill together with his motives to the National Assembly for further
debate٫ which shall not be denied.
(۲) The new passage of such a bill shall require a majority of more than half
of all Members of the National Assembly.
(۳) Following a new passage of the bill by the National Assembly٫ the President
shall promulgate it within seven days following its receipt.
Article ۱۰۲ [Decrees٫ Addresses]
(۱) Within the prerogatives vested in him٫ the President shall issue decrees٫
addresses٫ and messages.
(۲) The President”s decrees shall be countersigned by the Prime Minister or
the minister concerned.
(۳) No countersigning is required for decrees pertaining to:
۱) the appointment of a caretaker government;
۲) the appointment of a Prime Minister candidate;
۳) dissolution of the National Assembly;
۴) return of a bill to the National Assembly for further debate;
۵) the organization and manner of action of the offices of the Presidency and
the appointment of their staff;
۶) the scheduling of an election or referendum;
۷) the promulgation of a law.
Article ۱۰۳ [Immunity٫ Impeachment]
(۱) The President and Vice President shall not be held liable for actions
committed in the performance of their duties٫ except for high treason٫ or a
violation of the Constitution.
(۲) 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.
(۳) 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.
(۴) No one shall place the President or the Vice President under detention٫ nor
shall initiate criminal proceedings against them.
Article ۱۰۴ [Devolution of Duties]
The President is free to devolve to the Vice President the prerogatives
established by Article ۹۸ Sub-Paragraphs ۷٫ ۹٫ ۱۰ and ۱۱.
Chapter Five Council of Ministers
Article ۱۰۵ [Policy٫ Administration]
(۱) The Council of Ministers shall head the implementation of the state”s
domestic and foreign policy.
(۲) 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.
Article ۱۰۶ [Functions]
The Council of Ministers shall:
– manage the implementation of the state budget;
– organize the management of the state”s assets; and
– conclude٫ confirm٫ or denounce international treaties when authorized to do
so by law.
Article ۱۰۷ [Ministerial Control]
The Council of Ministers shall rescind any illegitimate or improper act issued
by a minister.
Article ۱۰۸ [Composition٫ Responsibility]
(۱) The Council of Ministers shall consist of a Prime Minister٫ Deputy Prime
Ministers٫ and ministers.
(۲) The Prime Minister shall head٫ coordinate٫ and bear responsibility for the
overall policy of the government. He shall appoint and dismiss the deputy
ministers.
(۳) 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.
Article ۱۰۹ [Oath]
The members of the Council of Ministers shall swear before the National
Assembly the oath established by Article ۷۶ (۲).
Article ۱۱۰ [Eligibility]
Eligible for election to the Council of Ministers shall be any Bulgarian
citizen qualified to be elected to the National Assembly.
Article ۱۱۱ [Expiration]
(۱) The authority of the Council of Ministers shall expire upon any of the
following occurrences:
۱) a vote of no confidence in the Council of Ministers or the Prime Minister;
۲) the resignation of the Council of Ministers or the Prime Minister;
۳) death of the Prime Minister.
(۲) The Council of Ministers shall hand in its resignation before the newly
elected National Assembly.
(۳) Should any of the above occur٫ the Council of Ministers shall continue to
act until the election of a new Council of Ministers.
Article ۱۱۲ [Vote of Confidence]
(۱) The Council of Ministers is free to ask for the National Assembly”s vote
of confidence in its overall policy٫ its program declaration٫ or on a specific
issue. A resolution shall require a majority of more than half of the votes of
the National Assembly Members present.
(۲) Should the Council of Ministers fail to receive the requested vote of
confidence٫ the Prime Minister shall hand in the government”s resignation.
Article ۱۱۳ [Incompatibility]
(۱) A member of the Council of Ministers shall not hold a post or engage in any
activity incompatible with the status of a Member of the National Assembly.
(۲) The National Assembly is free to determine any other post or activity which
a member of the Council of Ministers shall not hold or engage in.
Article ۱۱۴ [Decrees٫ Ordinances]
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.
Article ۱۱۵ [Ministerial Regulations٫ Orders]
A minister shall issue rules٫ regulations٫ instructions٫ and
orders.
Article ۱۱۶ [Indepndence٫ Political Neutrality]
(۱) State employees shall be the execcutors of the nation”s will and
interests. In the performance of their duty they shall be guided solely by the
law and shall be politically neutral.
(۲) 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 unionns٫ as well as to exercise their right to
strike.
Chapter Six Judicial Power
Article ۱۱۷ [Purpose٫ Independence]
(۱) The judicial branch of government shall safeguard the rights and legitimate
interests of all citizens٫ legal entities٫ and the state.
(۲) The judicial branch is independent. In the performance of their functions٫
all judges٫ court assessors٫ prosecutors٫ and investigating magistrates shall
be subservient only to the law.
(۳) The judicial branch of government shall have an independent budget.
Article ۱۱۸ [In the Name of The People]
All judicial power is exercised in the name of the people.
Article ۱۱۹ [Court Hierarchy]
(۱) Justice is administered by the Supreme Court of Cassation٫ the Supreme
Administrative Court٫ courts of appeals٫ courts of assizes٫ courts-martial and
district courts.
(۲) Specialized courts may be set up by virtue of a law.
(۳) There shall be no extraordinary courts.
Article ۱۲۰ [Access to Courts]
(۱) The courts shall supervise the legality of the acts and actions of the
administrative bodies.
(۲) Citizens and legal entities shall be free to contest any administrative act
which affects them٫ except those listed expressly by the laws.
Article ۱۲۱ [Equality Before Courts٫ Publicity]
(۱) The courts shall ensure the equality and mutual challengeability of the
parties to a judicial trial.
(۲) Judicial proceedings shall ensure the establishment of truth.
(۳) All courts shall conduct their hearings in public٫ unless provided
otherwise by law.
(۴) All court rulings shall be motivated.
Article ۱۲۲ [Right to Counsel]
(۱) Citizens and legal entities shall have the right to legal counsel at all
stages of a trial.
(۲) The procedure by which the right to legal counsel is practiced shall be
established by law.
Article ۱۲۳ [Court Assessors]
Court assessors shall participate in the trial process in certain cases
established by law.
Article ۱۲۴ [Supreme Court of Cassation]
The Supreme Court of Cassation shall exercise supreme judicial oversight as to
the precise and equal application of the law by all courts.
Article ۱۲۵ [Supreme Administrative Court]
(۱) The Supreme Administrative Court shall exercise supreme judicial oversight
as to the precise and equal application of the
law in administrative justice.
(۲) 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 law.
Article ۱۲۶ [Prosecutor”s Office]
(۱) The structure of the prosecutors” office shall correspond to that of the
courts.
(۲) The Chief Prosecutor shall oversee the legality and provide methodological
guidance to all other prosecutors.
Article ۱۲۷ [Prosecutor”s Functions]
The Prosecutor”s Office shall ensure that legality is observed:
۱) by bringing charrges against criminal suspects and supporting the charrges
in common criminal trials;
۲) by overseeing the enforcement of penalties and other measures of compulsion;
۳) by acting for the rescindment of all illegitimate acts;
۴) by taking part in civil and administrative suits whenever required to do so
by law.
Article ۱۲۸ [Investigation]
The investigating bodies shall be within the system of the judicial branch.
They shall perform the preliminary investigation in criminal cases.
Article ۱۲۹ [Appointment٫ Dismissal of Justices]
(۱) Justices٫ prosecutors٫ and investigating magistrates are elected٫ promoted٫
demoted٫ reassigned٫ and dismissed by the Supreme Judicial Council.
(۲) 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.
(۳) 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.
Article ۱۳۰ [Supreme Judicial Council]
(۱) The Supreme Judicial Council shall consist of ۲۵ members. Sitting on it ex
officio shall be the Chairman of the Supreme Court of Cassation٫ the Chairman
of the Supreme Administrative Court٫ and the Chief Prosecutor.
(۲) 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 ۱۵ years of professional experience.
(۳) 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.
(۴) The elected members of the Supreme Judicial Council shall serve terms of
five years. They shall not be eligible for immediate re-election.
(۵) The meetings of the Supreme Judicial Council shall be chaired by the
Minister of Justice٫ who shall not be entitled to a vote.
Article ۱۳۱ [Secret Ballot]
Any resolution of the Supreme Judicial Council to appoint٫ promote٫ demote٫
reassign٫ or dismiss a justice٫ a prosecutor or an investigating magistrate٫ or
a resolution pursuant to Article ۱۲۹ (۲)٫ shall be passed by a secret ballot.
Article ۱۳۲ [Immunity]
(۱) Justices٫ prosecutors٫ and investigating magistrates shall enjoy the same
immunity as the Members of the National Assembly.
(۲) 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.
Article ۱۳۳ [Legal Procedures]
The organization and the activity of the Supreme Judicial Council٫ of the
courts٫ the prosecution and the investigation٫ the status of the justices٫
prosecutors and investigating magistrates٫ the conditions and the procedure for
the appointment and dismissal of justices٫ court assessors٫ prosecutors٫ and
investigating magistrates٫ and the materialization of their liability shall be
established by law.
Article ۱۳۴ [The Bar]
(۱) The bar is free٫ independent٫ and autonomous. It shall assist citizens and
legal entities in the defence of their rights and legitimate interests.
(۲) The organization and manner of activity of the bar shall be established by
law.
Chapter Seven Local Self-Government and Local Administration
Article ۱۳۵ [Territorial Division]
(۱) The territory of the Republic of Bulgaria is divided into municipalities
and regions. The territorial division and the prerogatives of the Capital and
the other major cities shall be established by law.
(۲) Other administrative territorial units and bodies of self-government shall
be establishable by law.
Article ۱۳۶ [Election٫ Referendum]
(۱) A municipality is the basic administrative territorial unit at the level of
which self-government shall be practiced. Citizens shall participate in the
government of the municipality both through their elected bodies of local
self-government and directly٫ through a referendum or a general meeting of the
populace.
(۲) The borders of a municipality shall be established following a referendum
of the populace.
(۳) A municipality shall be a legal entity.
Article ۱۳۷ [Association of Municipalities]
(۱) Municipalities shall be free to associate in the solution of common
matters.
(۲) The law shall establish conditions conducive to association among
municipalities.
Article ۱۳۸ [Municipal Council]
The body of local self-government within a municipality shall be a municipal
council elected directly by the populace for a term of four years by a
procedure established by law.
Article ۱۳۹ [Mayor]
(۱) The mayor is the body of execcutive power within a municipality. He is
elected by the municipal council for a term of four years by a procedure
established by law.
(۲) In his activity a mayor shall be guided by the law٫ the acts of the
municipal council٫ and the sense of the populace.
Article ۱۴۰ [Municipal Property]
A municipality is entitled to own municipal property٫ which it shall use to the
interest of the territorial community.
Article ۱۴۱ [Municipal Budget]
(۱) A municipality shall have its own budget.
(۲) A municipality”s permanent sources of revenue shall be established by
law.
(۳) The state shall ensure the normal work of the municipalities through budget
appropriations and other means.
Article ۱۴۲ [Region]
A region is an administrative territorial unit entrusted with the conduct of a
regional policy٫ the implementation of state government on a local level٫ and
the ensuring of harmony of national and local interests.
Article ۱۴۳ [Regional Governor]
(۱) Each region is governed by a regional governor aided by a regional
administration.
(۲) A regional governor is appointed by the Council of Ministers.
(۳) The regional governor shall ensure the implementation of the state”s
policy٫ the safeguarding of the national interests٫ law and public order٫ and
shall exercise administrative control.
Article ۱۴۴ [Control]
The central bodies of state and their local representatives shall exercise
control over the legality of the acts of the bodies of local government only
when authorized to do so by law.
Article ۱۴۵ [Defence of Autonomy]
A municipal council is free to challenge before a court any act which
encroaches on its rights.
Article ۱۴۶ [Legal Procedures]
The organization and the procedures of the bodies of local self-government and
local administration shall be established by law.
Chapter Eight Constitutional Court
Article ۱۴۷ [Composition٫ Term٫ Incompatibility٫ Immunity]
(۱) The Constitutional Court shall consist of ۱۲ justices٫ one-third of whom
shall be elected by the National Assembly٫ one-third shall be appointed by the
President٫ and one-third shall be elected by a joint meeting of the justices of
the Supreme Court of Cassation and the Supreme Administrative Court.
(۲) The justices of the Constitutional Court shall be elected or appointed for
a period of nine years and shall not be eligible for re-election or
re-appointment. The make-up of the Constitutional Court shall be renewed every
three years from each quota٫ in a rotation order established by law.
(۳) The justices of the Constitutional Court shall be lawyers of high
professional and moral integrity and with at least fifteen years of
professional experience.
(۴) The justices of the Constitutional Court shall elect by secret ballot a
Chairman of the Court for a period of three years.
(۵) The status of a justice of the Constitutional Court shall be incompatible
with a representative mandate٫ or any state or public post٫ or membership in a
political party or trade unionn٫ or with the practicing of a free٫ commercial٫
or any other paid occupation.
(۶) A justice of the Constitutional Court shall enjoy the same immunity as a
Member of the National Assembly.
Article ۱۴۸ [Resignation٫ Expiration]
(۱) The mandate of a justice of the Constitutional Court shall expire upon any
of the following occurrences:
۱) the expiry of the term of office;
۲) resignation submitted before the Constitutional Court;
۳) the enforcement of a prison sentence for a deliberate crime;
۴) actual incapacitation which has lasted for more than one year;
۵) incompatibility with an office or activity pursuant to Article ۱۴۷ (۵);
۶) death.
(۲) The Constitutional Court shall lift a justice”s immunity or establish
his actual incapacity to perform his duties by a secret ballot requiring a
majority of at least two-thirds of the votes of all justices.
(۳) Should the mandate of a Constitutional Court justice be terminated٫ a new
justice from the same quota shall be appointed or elected within one month.
Article ۱۴۹ [Functions]
(۱) The Constitutional Court shall:
۱) provide binding interpretations of the Constitution;
۲) rule on challenges to the constitutionality of the laws and other acts
passed by the National Assembly and the acts of the President;
۳) rule on competence suits between the National Assembly the President and the
Council of Ministers٫ and between the bodies of local self-government and the
central execcutive branch of government;
۴) rule on the compatibility between the Constitution and the international
instruments concluded by the Republic of Bulgaria prior to their ratification٫
and on the compatibility of domestic laws with the universally recognized norms
of international law and the international instruments to which Bulgaria is a
party;
۵) rule on challenges to the constitutionality of political parties and
associations;
۶) rule on challenges to the legality of the election of the President and Vice
President;
۷) rule on challenges to the legality of an election of a Member of the
National Assembly;
۸) rule on impeachments by the National Assembly against the President or the
Vice President.
(۲) No authority of the Constitutional Court shall be vested or suspended by
law.
Article ۱۵۰ [Initiatives]
(۱) The Constitutional Court shall act on an initiative from not fewer than
one-fifth of all Members of the National Assembly٫ the President٫ the Council
of Ministers٫ the Supreme Court of Cassation٫ the Supreme Administrative Court٫
or the Chief Prosecutor. A challenge to competence pursuant to Paragraph (۱.۳)
of the preceding Article may further be filed by a municipal council.
(۲) Should it find a discrepancy between a law and the Constitution٫ the
Supreme Court of Cassation or the Supreme Administrative Court shall suspend
the proceedings on a case and shall refer the matter to the Constitutional
Court.
Article ۱۵۱ [Effect of Rulings]
(۱) A ruling of the Constitutional Court shall require a majority of more than
half of the votes of all justices.
(۲) Rulings of the Constitutional Court shall be promulgated in The National
Gazette within ۱۵ days from the date on which they are issued. A ruling shall
come into force three days after
its promulgation. Any act found to be unconstitutional shall cease to apply as
of the date on which the ruling shall come into force.
(۳) Any portion of a law which is not ruled unconstitutional shall remain in
force.
Article ۱۵۲ [Legal Procedures]
The organization and the manner of proceeding of the Constitutional Court shall
be established by law.
Chapter Nine Amendments to the Constitution٫ Adoption of a new Constitution
Article ۱۵۳ [Amendment by National Assembly]
The National Assembly is free to amend all provisions of the Constitution
except those within the prerogatives of the Grand National Assembly.
Article ۱۵۴ [Amendment Bill]
(۱) The initiative to introduce a constitutional amendment bill shall belong to
one-fourth of the Members of the National Assembly and to the President.
(۲) An amendment bill shall be debated by the National Assembly not earlier
than one month and not later than three months from the date on which it is
introduced.
Article ۱۵۵ [Majorities]
(۱) A constitutional amendment shall require a majority of three-fourths of the
votes of all Members of the National Assembly in three ballots on three
different days.
(۲) A bill which has received less than three-fourths but more than two-thirds
of the votes of all Members shall be eligible for reintroduction after not
fewer than two months and not more than five months. To be passed at this new
reading٫ the bill shall require a majority of two-thirds of the votes of all
Members.
Article ۱۵۶ [Promulgation]
An amendment to the Constitution is signed and promulgated in The National
Gazette by the Chairman of the Grand National Assembly within seven days
following its passage.
Article ۱۵۷ [Grand National Assembly]
A Grand National Assembly shall consist of ۴۰۰ Members elected by the generally
established procedure.
Article ۱۵۸ [Functions]
A Grand National Assembly shall:
۱) adopt a new Constitution;
۲) resolve on any changes in the territory of the Republic of Bulgaria and
ratify any international instrument envisaging such a change;
۳) resolve on any changes in the form of state structure or form of government;
۴) resolve on any amendment to Article ۵ (۲) and (۴) and Article ۵۷ (۱) and
(۳);
۵) resolve on any amendment to Chapter Nine.
Article ۱۵۹ [Initiative]
(۱) The initiative to introduce an amendment bill pursuant to the preceding
Article shall belong to one-third of the Members of the National Assembly and
to the President.
(۲) The draft of a new constitution or a proposed amendment to the existing
Constitution٫ and any bill to introduce a change in the territory of the
country pursuant to Article ۱۵۸ shall be debated by the National Assembly not
earlier than two months and not later than five months from the date on which
it is introduced.
Article ۱۶۰ [Grand National Assembly Elections]
(۱) A resolution by the National Assembly announcing elections for a Grand
National Assembly shall require a majority of two-thirds of the votes of all
Members.
(۲) The President shall schedule the elections for a Grand National Assembly
within three months from the passage of the National Assembly”s resolution.
(۳) The mandate of the National Assembly shall expire with the holding of the
elections for a Grand National Assembly.
Article ۱۶۱ [Majority]
To pass a bill٫ the Grand National Assembly shall require a majority of
two-thirds of the votes of all Members٫ in three ballots on three different
days.
Article ۱۶۲ [Functions]
(۱) A Grand National Assembly shall resolve only on the constitutional
amendment bills for which it has been elected.
(۲) In an emergency٫ a Grand National Assembly shall further perform the
functions of a National Assembly.
(۳) The prerogatives of a Grand National Assembly shall expire after it
resolves on all matters for which it has been elected. The President shall then
schedule elections by a procedure established by law.
Article ۱۶۳ [Promulgation]
An act of the Grand National Assembly is signed and promulgated in The National
Gazette by the Assembly”s Chairman within seven days following its passage.
Chapter Ten Coat of Arms٫ Seal٫ Flag٫ Anthem٫ Capital
Article ۱۶۴ [Coat of Arms]
The Coat of Arms of the Republic of Bulgaria shall depict a gold lion rampant
on a dark gules shield.
Article ۱۶۵ [State Seal]
The State Seal shall depict the Coat of Arms of the Republic of Bulgaria.
Article ۱۶۶ [National Fla
]
The Flag of the Republic of Bulgaria is a tricolor: white٫ green٫ and red from
top٫ placed horizontally.
Article ۱۶۷ [Usage Regulation]
The rules for the placing of the State Seal and the display of the National
Flag is established by law.
Article ۱۶۸ [Anthem]
The Anthem of the Republic of Bulgaria is the song “Mila Rodino”.
Article ۱۶۹ [Capital Sofia]
The Republic of Bulgaria shall have for its Capital the City of Sofia.
[Chapter Eleven] Transitional and Concluding Provisions
Section ۱ [Grand National Assembly]
(۱) The Grand National Assembly shall dissolve itself after the adoption of the
Constitution.
(۲) The Grand National Assembly shall continue to function as a National
Assembly until the election of a new National Assembly. Within this term٫ it
shall pass bills for the election
of a new National Assembly٫ a President٫ bodies of local self-government٫ and
other bills. The Constitutional Court and the Supreme Judicial Council shall be
established within the same term.
(۳) The Members of the National Assembly٫ the President٫ the Vice President٫
and the members of the Council of Ministers shall swear the oath established by
this Constitution at the first session of the National Assembly following the
coming into force of this Constitution.
Section ۲ [Court Functions]
Pending the election of a Supreme Court of Cassation and a Supreme
Administrative Court٫ their prerogatives pursuant to Article ۱۳۰ (۳) and
Article ۱۴۷ (۱) shall be exercised by the Supreme Court of the Republic of
Bulgaria.
Section ۳ [Old Law]
(۱) The provisions of the existing laws shall be applicable insofar as they do
not contravene the Constitution.
(۲) Within a year from this Constitution”s coming into force٫ the National
Assembly shall rescind those provisions of the existing laws which have not
been rescinded by virtue of the direct force of the Constitution pursuant to
its Article ۵ (۲).
(۳) The laws required expressly by this Constitution shall be passed by the
National Assembly within three years.
Section ۴ [Judicial Branch]
The organization of the judicial branch of government established by the
Constitution shall come into force following the passage of the new structural
and procedural laws within the term established by Section ۳ (۲).
Section ۵ [Old Justices]
Justices٫ prosecutors٫ and investigating magistrates shall become
un-substitutable if within three months of its formation the Supreme Judicial
Council does not rule that they lack the necessary professional merits.
Section ۶ [Media]
Pending the passage of new legislation concerning the Bulgarian National
Television٫ the Bulgarian National Radio and the Bulgarian News Agency٫ the
National Assembly shall practice the prerogatives vested in the Grand National
Assembly with respect to these national institutions.
Section ۷ [National Assembly Elections]
(۱) Elections for a National Assembly and bodies of local self-government shall
be held within three months from the self-dissolution of the Grand National
Assembly. The date of the elections shall be scheduled by the President in
accordance with his prerogatives pursuant to Article ۹۸ Sub-Paragraph ۱.
(۲) The elections for a President and a Vice President shall be held within
three months from the elections for a National Assembly.
(۳) Pending the election of a President and a Vice President٫ their functions
established by this Constitution shall be performed by the Chairman (President)
and the Vice Chairman (Vice President).
Section ۸ [Old Government]
The government shall continue to perform its functions pursuant to this
Constitution until the formation of a new government.
Section ۹ [Old Constitution]
This Constitution shall come into force on the day on which it
is promulgated in The National Gazette by the Chairman of the Grand National
Assembly٫ and shall supersede the Constitution of the Republic of Bulgaria
adopted on ۱۸ May ۱۹۷۱.