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CONSTITUTION OF THE REPUBLIC OF
BULGARIA
Promulgated State Gazette No.
56/13.07.1991
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 holding as the highest 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 create a
democratic, law-governed and social state, by
establishing this
C O N S T I T
U T I O N
C h a p t e r O n
e FUNDAMENTAL PRINCIPLES
Article 1
(1) Bulgaria
shall be a republic with a parliamentary form of
government. (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.
Article 2
(1) The Republic
of Bulgaria shall be an integral state with local
self-government. No autonomous territorial formations
shall exist. (2) The territorial integrity of the
Republic of Bulgaria shall be inviolable.
Article
3
Bulgarian shall be
the official language of the Republic.
Article 4
(1) The Republic
of Bulgaria shall be a law-governed state. It shall be
governed by the Constitution and the laws of the
country. (2) The Republic of Bulgaria shall guarantee
the life, dignity and rights of the individual and shall
create conditions conducive to the free development of
the individual and of civil society.
Article 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.* (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 having 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
promul-gation unless otherwise envisaged by the acts
themselves.
Article 6
(1) All persons
are born free and equal in dignity and rights. (2)
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 7
The state shall
be held liable for any damages caused by illegitimate
rulings or acts on the part of its agencies and
officials.
Article 8
The power of the
state shall be divided between leg-islative, executive
and judicial branches.
Article 9
The armed forces
shall guarantee the sovereignty, security and
independence of the country and shall defend its
territorial integrity,
Article 10
All elections,
and national and local referendums shall be held on the
basis of universal, equal and direct suffrage by secret
ballot.
Article 11
(1) Politics in
the Republic of Bulgaria shall be founded on the
principle of political plurality. (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 citizens'
political will. The procedure applying to the formation
and dissolution of political parties and the conditions
pertaining to their activity shall be established by
law. (4) There shall be no political parties on
ethnic, racial or religious lines, nor parties which
seek the violent seizure of state power.
Article 12
(1) Associations
of citizens shall serve to meet and safeguard their
interests. (2) Citizens' associations, including
trade unions, shall not pursue any political objectives,
nor shall they engage in any political activity which is
in the domain of the political parties.
Article 13
(1) The
practicing of any religion shall be unrestricted. (2)
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 to political
ends.
Article 14
The family,
motherhood and children shall enjoy the protection of
the state and society.
Article 15
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 16
Labour shall be
guaranteed and protected by law.
Article 17
(1) The right to
property and inheritance shall be guaranteed and
protected by law. (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 law. (5) Forcible expropriation of
property in the name of state or 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 18
(1) The state shall
enjoy exclusive ownership rights over the underground
resources; beaches and national thoroughfares, as well
as over waters, forests and parks of na-tional
importance, and the natural and archaeological reserves
established by law. (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 instruments to the Republic of
Bulgaria. (4) A state monopoly shall be establishable
by law over railway transport, the national postal and
telecommunica-tions networks, the use of nuclear energy,
the manufacturing of radioactive products, armaments and
explosive and powerful toxic substances. (5) The
conditions and procedure by which the state shall grant
concessions over units of property and licences for the
activities enumerated in the preceding two paragraphs
shall be established by law. (6) The state shall
utilize and manage all the state's assets to the benefit
of citizens and society.
Article 19
(1) The economy of
the Republic of Bulgaria shall be based on free economic
initiative. (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.*
Article 20
The state shall
establish conditions conducive 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 21
(1) Land, as a chief
national asset, shall enjoy particular protection on the
part of the state and society. (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.
Article 22
(1) No foreign
physical person or foreign juridical person shall
acquire ownership over land, except through legal
inheritance. Ownership thus acquired shall be duly
transferred. (2) A foreign physical person or foreign
juridical person shall be free to acquire user rights,
building rights and other real rights on terms
established by law.
Article 23
The state shall
establish conditions conducive 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 24
(1) The Republic of
Bulgaria shall conduct its foreign policy in accordance
with the principles and norms of international
law. (2) The foreign policy of the Republic of
Bulgaria shall have as its highest 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.
C h a p t e r T w
o FUNDAMENTAL RIGHTS AND OBLIGATIONS OF CITIZENS
Article 25
(1) A Bulgarian
citizen shall be 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 citizen-ship shall further be acquirable
through naturalization. (2) A person of Bulgarian
origin shall acquire Bulgarian citizenship through a
facilitated procedure. (3) No one shall be deprived
of 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
law.
Article 26
(1) Irrespective of
where they are, all citizens of the Republic of Bulgaria
shall be vested with all rights and obligations
proceeding from this Constitution. (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 Bulgarian citizenship is required by this
Constitution or by another law.
Article 27
(1) 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. (2) The Republic of Bulgaria
shall grant asylum to foreigners persecuted for their
opinions or activity in the defence of internationally
recognized rights and freedoms. (3) The conditions
and procedure for the granting of asylum shall be
established by law.
Article 28
Everyone shall have
the right to life. Any attempt upon a human life shall
be punished as a most severe crime.
Article 29
(1) No one shall be
subjected to torture or to cruel, inhuman or degrading
treatment, or to forcible assimilation. (2) No one
shall be subjected to medical, scientific or other
experimentation without his voluntary written consent.
Article 30
(1) Everyone shall
be entitled to personal freedom and
inviolability. (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 law. (3)
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 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.
Article 31
(1) Anyone charged
with a crime shall be brought before a court within the
time established by law. (2) No one shall be forced
to plead guilty, and no one shall be convicted solely by
virtue of confession. (3) A defendant shall be
considered innocent until proven otherwise by a final
verdict. (4) The rights of a defendant shall not be
restricted beyond what is necessary for the purposes of
a fair trial. (5) 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. (6) Prison sentences shall be served
only at the facilities established by law. (7) There
shall be no limitation to the prosecution and the
execution of a sentence for crimes against peace and
humanity.
Article 32
(1) The privacy of
citizens shall be inviolable. Everyone shall be entitled
to protection against any illegal interference in his
private or family affairs and against encroach-ments on
his honour, dignity and reputation. (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 law.
Article 33
(1) The home shall
be inviolable. No one shall enter or stay inside a home
without its occupant's consent, except in the cases
expressly stipulated by 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.
Article 34
(1) The freedom and
confidentiality of correspondence and all other
communications shall be inviolable. (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.
Article 35
(1) Everyone shall
be free to choose a place of resi-dence and shall have
the right to freedom of movement in the territory of the
country and to leave the country. This right shall be
restricted only by virtue of law in the name of national
security, public health, and the rights and freedoms of
other citi-zens. (2) Every Bulgarian citizen shall
have the right to return to the country.
Article 36
(1) The study and
use of the Bulgarian language shall be a right and an
obligation of every Bulgarian citizen. (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 law.
Article 37
(1) The freedom of
conscience, the freedom of thought and the choice of
religion and of religious or atheistic views shall be
inviolable. The state shall assist the maintenance of
tolerance and respect among the believers from different
denomi-nations, and among believers and
non-believers. (2) The freedom of conscience and
religion shall not be practised to the detriment of
national security, public order, public health and
morals, or of the rights and freedoms of others.
Article 38
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 39*
(1) Everyone shall
be entitled to express an opinion or to publicize it
through words, written or oral, sound or image, or in
any other way. (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.
Article 40*
(1) The press and
the other mass information media shall be free and shall
not be subjected to censorship. (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.
Article 41*
(1) Everyone shall
be 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. (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.
Article 42
(1) Every citizen
above the age of 18, with the exception of those placed
under judicial interdiction or serving a prison
sentence, shall be free to elect state and local
authorities and vote in referendums. (2) The
organization and procedure for the holding of elections
and referendums shall be established by law.
Article 43
(1) Citizens shall
have the right to peaceful and unarmed assembly for
meetings and demonstrations. (2) The procedure for
the organizing and holding of meetings and
demonstrations shall be established by law. (3) No
notice to the municipal authorities shall be required
for meetings held indoors.
Article 44*
(1) Citizens shall
be free to associate. (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.
Article 45
Citizens shall have
the right to lodge complaints, proposals and petitions
with the state authorities.
Article 46
(1) Matrimony shall
be a free union between a man and a woman. Only a civil
marriage shall be legal. (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 law.
Article 47
(1) 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. (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
law.
Article 48
(1) Citizens shall
have the right to work. The state shall take care to
provide conditions for the exercising of this
right. (2) The state shall create conditions
conducive to the exercising 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 law.
Article 49
(1) Workers and
employees shall be free to form trade union
organizations and alliances in defence of their
interests related to work and social security. (2)
Employers shall be free to associate in defence of their
economic interests.
Article 50
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 51
(1) Citizens shall
have the right to social security and welfare
aid. (2) The state shall provide social security for
the temporarily unemployed in accordance with conditions
and procedures established by law. (3) The aged
without relatives and unable to support themselves, as
well as invalids and the socially weak shall receive
special protection from the state and society.
Article 52
(1) 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. (2) 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. (3) The state shall protect the
health of citizens and shall promote the development of
sports and tourism. (4) No one shall be subjected to
forcible medical treatment or sanitary measures except
in circumstances established by law. (5) The state
shall exercise control over all medical facilities and
over the production and trade in pharmaceuticals,
biologically active substances and medical equipment.
Article 53
(1) Everyone shall
have the right to education. (2) School attendance up
to the age of 16 shall be compulsory. (3) Primary and
secondary education in state and mu-nicipal schools
shall be free. In circumstances established by 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 in accordance with conditions and procedures
established by 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 train-ing
and retraining. It shall exercise control over all kinds
and levels of schooling.
Article 54
(1) 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. (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.
Article 55
Citizens shall have
the right to a healthy and favorable environment
corresponding to established standards and norms. They
shall protect the environment.
Article 56
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 57
(1) The fundamental
civil rights shall be irrevocable. (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 law, except
for the rights established by Article 28, Article 29,
Article 31 pars 1, 2 and 3, Article 32 para 1, and
Article 37.
Article 58
(1) Citizens shall
observe and implement the Constitution and the laws.
They shall respect the rights and the legitimate
interests of others. (2) Obligations established by
the Constitution and the law shall not be defaulted upon
on grounds of religious or other convictions.
Article 59
(1) To defend the
country shall be a duty and a matter of honour 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. (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 law.
Article 60
(1) Citizens shall
pay taxes and duties established by law proportionately
to their income and property. (2) Any tax concession
or surtax shall be established by law.
Article 61
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.
C h a p t e r T h
r e e NATIONAL ASSEMBLY
Article 62
The National
Assembly shall be vested with the legislative authority
and shall exercise parliamentary control.
Article 63
The National
Assembly shall consist of 240 members.
Article 64
(1) The National
Assembly shall be elected for a term of four
years. (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 expiry 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.
Article 65
(1) Eligible for
election to the National Assembly shall be any Bulgarian
citizen who does not hold another citizenship, is above
the age of 21, is not under a judicial interdiction, and
is not serving a prison sentence. (2) A candidate for
a National Assembly seat holding a state post shall
resign upon the registration of his candidacy.
Article 66
The legitimacy of an
election may be contested before the Constitutional
Court by a procedure established by law.
Article 67
(1) Members of the
National Assembly shall represent not only their
constituencies but the entire nation. No Member shall be
held to a mandatory mandate. (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.
Article 68
(1) 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. (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 law.
Article 69
Members of the
National Assembly shall not be held criminally liable
for their opinions or votes in the National Assembly.
Article 70
A Member of the
National Assembly shall be 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, shall be 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 71
The National
Assembly shall establish the emoluments of its Members.
Article 72
(1) A Member's
prerogatives shall expire before the expiry of his term
of office upon any of the following occurrences: 1.
resignation presented before the National
Assembly; 2. enforcement of a prison sentence for an
intentional crime, or of an unsuspended prison
sentence; 3. establishment of ineligibility or
incompatibility; 4. death. (2) Instances 1 and 2
shall require a resolution of the National Assembly;
instance 3 shall require a ruling by the Constitutional
Court.
Article 73
The National
Assembly shall be organized and shall act in accordance
with the Constitution and its own internal rules.
Article 74
The National
Assembly shall be a permanently acting body. It shall be
free to determine its recesses.
Article 75
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 76
(1) The first
session of the National Assembly shall be opened by the
senior present Member. (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
have sworn." (3) The National Assembly shall elect at
the same session its Chairman and Vice Chairmen.
Article 77
(1) The Chairman of
the National Assembly shall: 1. represent the
National Assembly; 2. propose the agenda for each
session; 3. open, chair and close the sessions of the
National Assembly and maintain orderly
proceedings; 4. attest by his signature the contents
of the acts passed by the National Assembly; 5.
promulgate all resolutions, declarations and addresses
passed by the National Assembly; 6. organize the
National Assembly's international contacts. (2) The
Vice Chairmen of the National Assembly shall assist the
Chairman and carry out any activities devolved by
him.
Article 78
The National
Assembly shall be convened for its sessions by its
Chairman: 1. on his own initiative; 2. at the
request of one-fifth of its members; 3. at the
request of the President; 4. at the request of the
Council of Ministers.
Article 79
(1) The National
Assembly shall elect permanent and ad hoc committees
from among its Members. (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.
Article 80
Any official or
citizen subpoenaed by a parliamentary commission shall
be obligated to testify and present any required
documents.
Article 81
(1) The National
Assembly shall be free to hold a session and pass
resolutions when more than half of its Members are
present. (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.
Article 82
Sessions of the
National Assembly shall be public. The National Assembly
may by exception resolve to hold some sessions behind
closed doors.
Article 83
(1) 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. (2) The National
Assembly and the parliamentary committees shall be free
to order ministers to attend their sessions and respond
to questions.
Article 84*
The National
Assembly shall: 1. pass, amend, and rescind the
laws; 2. pass the state budget bill and the budget
report; 3. establish the taxes and their size; 4.
schedule the elections for a President of the
Republic; 5. resolve on the holding of a national
referendum; 6. 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; 7. create, transform and
close down ministries on a motion from the Prime
Minister; 8. elect and dismiss the Governor of the
Bulgarian National Bank and the heads of other
institutions established by law; 9. approve
state-loan agreements; 10. resolve on the declaration
of war and conclusion of peace; 11. 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; 12. 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; 13. grant amnesty; 14. institute orders
and medals; 15. establish the official holidays.
Article 85
(1) The National
Assembly shall ratify or denounce by law all
international instruments 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. (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.
Article 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.
Article 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.
Article 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 re-quire a
single ballot. (3) Each passed act shall be
promulgated in State Gazette within 15 days of being
passed.
Article 89
(1) A motion of no
confidence in the Council of Ministers shall require
seconding by at least one-fifth 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. (2) 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. (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 within
six months.
Article 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.
Article 91
(1) The National
Assembly shall establish an Accountancy Chamber to
control the implementation of the budget. (2) The
organization, authority and procedures by which the
Accountancy Chamber shall act shall be established by
law.
C h a p t e r
F o u r PRESIDENT OF THE REPUBLIC
Article 92
(1)* The President
shall be the head of state. He shall embody the unity of
the nation and shall represent the state in its
international relations. (2) The President shall be
assisted in his actions by a Vice President. Article
93 (1) The President shall be elected directly by the
voters for a period of five years by a procedure
established by law. (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 second round 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 no later than one month after the
election. Article 94 The Vice President shall be
elected at the same time and on the same ticket as the
President, on the same conditions and by the same
procedure. Article 95 (1) The President and the
Vice President shall be eligible for only one
re-election to the same office. (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. Article 96 The
President and the Vice President shall swear before the
National Assembly the oath established by Article 76
para 2. Article 97 (1) The President's or Vice
President's authority shall expire before the expiry of
his term of office upon any of the following
occurrences: 1. resignation submitted before the
Constitutional Court; 2. lasting incapacitation
caused by a grave illness; 3. 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 as-sumed 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 98 The President of the Republic
shall: 1. 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; 2. address the
nation and the National Assembly; 3. conclude
international treaties in the circumstances established
by the law; 4. promulgate the laws; 5. on a motion
from the Council of Ministers, determine the borders of
the administrative territorial units and their
centers; 6. 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; 7. appoint and
dismiss from office other state officials, established
by law; 8. award orders and medals; 9. grant,
restore, relieve from and withdraw Bulgarian
citizenship; 10. grant asylum; 11. exercise the
right to pardon. 12. cancel uncollectible debts to
the state; 13. name landmarks and communities of
national importance; 14. inform the National Assembly
on basic problems within his prerogatives. Article
99 (1) Following consultations with the parliamentary
groups, the President shall appoint the Prime
Minister-designate nominated by the party holding the
highest number of seats in the National Assembly to form
a government. (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)
Should no agreement on the formation of a government be
reached, 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
pars 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. Article
100 (1) The President shall be the Supreme Commander
in Chief of the Armed Forces of the Republic of
Bulgaria. (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 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. Article 101 (1)
Within the term established by Article 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. Article 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. Article 103 (1) 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. (2) An
impeachment shall require a motion from no fewer than
one quarter 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 104 The President shall be
free to devolve to the Vice President the prerogatives
established by Article 98 points 7, 9, 10 and 11. C h
a p t e r F i v e COUNCIL OF MINISTERS Article
105 (1) The Council of Ministers shall head the
implementation of the state's domestic and foreign
policy. (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. Article 106 The Council of Ministers
shall manage the implementation of the state budget;
organize the management of the state's assets; conclude,
confirm or denounce international treaties when
authorized to do so by law.* Article 107 The
Council of Ministers shall rescind any illegitimate or
improper act issued by a minister. Article 108 (1)
The Council of Ministers shall consist of a Prime
Minister, Deputy Prime Ministers and ministers. (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 when the
National Assembly resolves otherwise. Each minister
shall account for his own activity. Article
109 The members of the Council of Ministers shall
swear before the National Assembly the oath established
by Article 76 para 2. Article 110 Eligible for
election to the Council of Ministers shall be any
Bulgarian citizen qualified to be elected to the
National Assembly. Article 111 (1) The authority
of the Council of Ministers shall expire upon any of the
following occurrences: 1. a vote of no confidence in
the Council of Ministers or the Prime Minister; 2.
the resignation of the Council of Ministers or the Prime
Minister; 3. death of the Prime Minister. (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. Article 112 (1) The Council
of Ministers shall be free to ask for the National
Assembly's vote of confidence in its overall policy, its
programme 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. (2) Should the Council of Ministers fail to
receive the requested vote of confidence, the Prime
Minister shall hand in the government's
resignation. Article 113 (1) 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. (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. Article 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. Article 115 The ministers
shall issue rules, regulations, instructions and
orders. Article 116 (1) State employees shall be
the executors 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. (2) 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 shall be
established by law. C h a p t e r S i x JUDICIAL
POWER Article 117 (1) The judicial branch of
government shall safeguard the rights and legitimate
interests of all citizens, juridical persons and the
state. (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. Article 118 All judicial power shall be
exercised in the name of the people. Article
119 (1) Justice shall be administered by the Supreme
Court of Cassation, the Supreme Administrative Court,
courts of appeals, courts of assizes, courts-martial and
district courts. (2) Specialized courts may be set up
by virtue of law. (3) There shall be no extraordinary
courts. Article 120 (1) The courts shall supervise
the legality of the acts and actions of the
administrative bodies. (2) Citizens and juridical
persons shall be free to contest any administrative act
which affects them, except those listed expressly by the
laws.* Article 121 (1) The courts shall ensure the
equality and mutual challengeability of the parties to a
judicial trial. (2) Judicial proceedings shall ensure
the establishment of truth. (3) All courts shall
conduct their hearings in public, unless provided
otherwise by law. (4) All court rulings shall be
motivated. Article 122 (1) Citizens and juridical
persons shall have the right to legal counsel at all
stages of a trial. (2) The procedure by which the
right to legal counsel shall be practiced shall be
established by law. Article 123 Court assessors
shall participate in the trial process in certain cases
established by law. Article 124 The Supreme Court
of Cassation shall exercise supreme judicial oversight
as to the precise and equal application of the law by
all courts. Article 125 (1) The Supreme
Administrative Court shall exercise supreme judicial
oversight as to the precise and equal application of the
law in administrative justice. (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
law. Article 126 (1) The structure of the
prosecutors' office shall correspond to that of the
courts. (2) The Chief Prosecutor shall oversee the
legality and provide methodological guidance to all
other prosecutors. Article 127 The Prosecutor's
Office shall ensure that legality is observed: 1. by
bringing charges against criminal suspects and
supporting the charges in common criminal trials; 2.
by overseeing the enforcement of penalties and other
measures of compulsion; 3. by acting for the
rescission of all illegitimate acts; 4. by taking
part in civil and administrative suits whenever required
to do so by law. Article 128 The investigating
bodies shall be within the system of the judicial
branch. They shall perform the preliminary investigation
in criminal cases. Article 129 (1) Justices,
prosecutors and investigating magistrates shall be
elected, promoted, demoted, reassigned and dismissed by
the Supreme Judicial Council. (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. Article 130 (1) The
Supreme Judicial Council shall consist of 25 members.
Sitting on it ex officio shall be the Chairman of the
Supreme Court of Cassation, the Chairman of the Supreme
Adminis-trative Court and the Chief Prosecutor. (2)
Eligible for election to the Supreme Judicial Council
besides its ex officio members shall be practising
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. Article 131 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 129 para
2, shall be passed by a secret ballot. Article
132 (1) Justices, prosecutors and investigating
magistrates shall enjoy the same immunity as the Members
of the National Assembly. (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. Article
133 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 in-vestigating
magistrates and the materialization of their liability
shall be established by law. Article 134 (1) The
bar shall be free, independent and autonomous. It shall
assist citizens and juridical persons in the defence of
their rights and legitimate interests. (2) The
organization and manner of activity of the bar shall be
established by law. C h a p t e r S e v e n LOCAL
SELF-GOVERNMENT AND LOCAL ADMINISTRATION Article
135 (1) The territory of the Republic of Bulgaria
shall be divided into municipalities and regions. The
territorial division and the prerogatives of the capital
city and the other major cities shall be established by
law. (2) Other administrative territorial units and
bodies of self-government shall be establishable by
law. Article 136 (1) A municipality shall be 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. (2) The borders of a municipality
shall be established following a referendum of the
populace. (3) A municipality shall be a juridical
person. Article 137 (1) Municipalities shall be
free to associate in the solution of common
matters. (2) The law shall establish conditions
conducive to association among
municipalities. Article 138 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 139 (1) The mayor shall be the body
of executive power within a municipality. He shall be
elected by the municipal council for a term of four
years by a procedure established by law. (2) In his
activity a mayor shall be guided by the law, the acts of
the municipal council and the decisions of the
populace. Article 140 A municipality shall be
entitled to own municipal property, which it shall use
to the interest of the territorial community. Article
141 (1) A municipality shall have its own
budget. (2) A municipality's permanent sources of
revenue shall be established by law. (3) The state
shall ensure the normal work of the municipalities
through budget appropriations and other
means. Article 142 A region shall be 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
143 (1) Each region shall be governed by a regional
governor aided by a regional administration. (2) A
regional governor shall be appointed by the Council of
Ministers. (3) 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
144 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 145 A
municipal council shall be free to challenge before a
court any act which encroaches on its rights. Article
146 The organization and the procedures of the bodies
of local self-government and local administration shall
be established by law. C h a p t e r E i g h
t CONSTITUTIONAL COURT Article 147 (1) The
Constitutional Court shall consist of 12 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. (2) 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. (3) The justices of the Constitutional Court
shall be lawyers of high professional and moral
integrity and with at least fifteen years of
professional experience. (4) The justices of the
Constitutional Court shall elect by secret ballot a
Chairman of the Court for a period of three
years. (5) 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 union, or with
the practicing of a free, commercial, or any other paid
occupation. (6) A justice of the Constitutional Court
shall enjoy the same immunity as a Member of the
National Assembly. Article 148 (1) The mandate of
a justice of the Constitutional Court shall expire upon
any of the following occurrences: 1. the expiry of
the term of office; 2. resignation submitted before
the Constitutional Court; 3. the enforcement of a
prison sentence for a deliberate crime; 4. actual
incapacitation which has lasted for more than one
year; 5. incompatibility with an office or activity
pursuant to Article 147 § 5. 6. death. (2) 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. (3) 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
149 (1) The Constitutional Court shall: 1. provide
binding interpretations of the Constitution; 2. rule
on challenges to the constitutionality of the laws and
other acts passed by the National Assembly and the acts
of the President; 3. 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 executive branch of
government; 4. rule on the compatibility between the
Constitution and the international instruments concluded
by the Republic of Bulgaria prior to their ratification,
and on the compati-bility of domestic laws with the
universally recognized norms of international law and
the international instruments to which Bul-garia is a
party; 5. rule on challenges to the constitutionality
of political parties and associations; 6. rule on
challenges to the legality of the election of the
President and Vice President; 7. rule on challenges
to the legality of an election of a Member of the
National Assembly; 8. rule on impeachments by the
National Assembly against the President or the Vice
President. (2) No authority of the Constitutional
Court shall be vested or suspended by law. Article
150 (1) 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 para 1 subpara 3 of
the preceding Article may further be filed by a
municipal council. (2) Should it find a discrepancy
between 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
151* (1) A ruling of the Constitutional Court shall
require a majority of more than half of the votes of all
justices. (2) Rulings of the Constitutional Court
shall be promulgated in State Gazette within 15 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. (3) Any portion of a law which is not ruled
unconsti-tutional shall remain in force. Article
152 The organization and the manner of proceeding of
the Constitutional Court shall be established by
law. C h a p t e r N i n e AMENDMENTS TO THE
CONSTITUTION ADOPTION OF A NEW
CONSTITUTION Article 153 The National Assembly
shall be free to amend all provisions of the
Constitution except those within the prerogatives of the
Grand National Assembly. Article 154 (1) The
initiative to introduce a constitutional amendment bill
shall belong to one quarter of the Members of the
National Assembly and to the President. (2) 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 155 (1) A constitutional
amendment shall require a majority of three quarters of
the votes of all Members of the National Assembly in
three ballots on three different days. (2) A bill
which has received less than three quarters 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
156 An amendment to the Constitution shall be signed
and promulgated in State Gazette by the Chairman of the
Grand National Assembly within seven days of being
passed. Article 157 A Grand National Assembly
shall consist of 400 Members elected by the generally
established procedure. Article 158 A Grand
National Assembly shall: 1. adopt a new
Constitution; 2. resolve on any changes in the
territory of the Republic of Bulgaria and ratify any
international instrument envisaging such a change. 3.
resolve on any changes in the form of state structure or
form of government; 4. resolve on any amendment to
Article 5 pars 2 and 4 and Article 57 pars 1 and 3 of
this Constitution; 5. resolve on any amendment to
Chapter Nine of the Constitution. Article 159 (1)
Only the President or at least half of the Members of
the Grand National Assembly have the right to introduce
an amendment bill pursuant to the preceding
Article. (2) 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 158 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 160 (1) 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. (2) The President shall
schedule the elections for a Grand National Assembly
within three months of the National Assembly's
resolution being passed. (3) The mandate of the
National Assembly shall expire with the holding of the
elections for a Grand National Assembly. Article
161 To pass a bill, the Grand National Assembly shall
re-quire a majority of two thirds of the votes of all
Members, in three ballots on three different
days. Article 162 (1) A Grand National Assembly
shall resolve only on the constitutional amendment bills
for which it has been elected. (2) In an emergency, a
Grand National Assembly shall further perform the
functions of a National Assembly. (3) 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 163 An Act
of the Grand National Assembly shall be signed and
promulgated in State Gazette by the Assembly's Chairman
within seven days of it being passed. C h a p t e r T
e n COAT OF ARMS, SEAL, FLAG, ANTHEM,
CAPITAL Article 164 The coat of arms of the
Republic of Bulgaria shall depict a gold lion rampant on
a dark gules shield.* Article 165 The state seal
shall depict the coat of arms of the Republic of
Bulgaria. Article 166 The flag of the Republic of
Bulgaria shall be a tricolor: white, green, and red from
top, placed horizontally. Article 167 The rules
for the placing of the state seal and the raising of the
national flag shall be established by law. Article
168 The National Anthem of the Republic of Bulgaria
shall be the song "Mila Rodino". Article 169 The
Republic of Bulgaria shall have for its capital the City
of Sofia. TRANSITIONAL AND CONCLUDING PROVISIONS §
1. (1) The Grand National Assembly shall dissolve itself
after the adoption of the Constitution. (2) 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. (3) 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. § 2. Pending the election of a Supreme
Court of Cassation and a Supreme Administrative Court,
their prerogatives pursuant to Article 130 para 3 and
Article 147 para 1 of the Constitution shall be
exercised by the Supreme Court of the Republic of
Bulgaria. § 3. (1) The provisions of the existing
laws shall be applicable on condition that they do not
contravene the Constitution.* (2) 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
5 para 2. (3) The laws required expressly by this
Constitution shall be passed by the National Assembly
within three years. § 4. The organization of the
judicial branch of government established by the
Constitution shall come into force following the passing
of the new structural and procedural laws within the
term established by para 2 of Clause 3. § 5.
Justices, prosecutors and investigating magistrates
shall become unsubstitutable if within three months of
its forma-tion the Supreme Judicial Council does not
rule that they lack the necessary professional
merits. § 6. Pending the passing of new legislation
concerning Bulgarian National Television, Bulgarian
National Radio and the Bulgarian News Agency, the
National Assembly shall practise the prerogatives vested
in the Grand National Assembly with respect to these
national institutions. § 7. (1) Elections for a
National Assembly and bodies of local self-government
shall be held within three months of 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 98 subpara 1 of the Constitution. (2) The
elections for a President and a Vice President shall be
held within three months after the elections for a
National Assembly. (3) 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). § 8. The government shall continue to
perform its functions pursuant to this Constitution
until the formation of a new government. § 9. This
Constitution shall enter into force on the day on which
it is promulgated in State Gazette by the Chairman of
the Grand National Assembly, and shall supersede the
Constitution of the Republic of Bulgaria adopted on May
18th, 1971 (Promulgated in State Gazette No 39/1971;
amended in SG Nos. 6/1990, 29/1990, 87/1990, 94/1990,
98/1990, corrected in SG No. 98/1990). This
Constitution was submitted to a vote and duly adopted by
the Grand National Assembly on July 12th, 1991.
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