DECISION No.11 OF OCTOBER 20, 1994 ON CC No.16/944
Motion for interpretation of the term "high moral integrity" in the meaning of Art.147, Para.3 of the Constitution and for establishing the unconstitutionality of Decree No.201 of October 3, 1994 of the President of the Republuc of Bulgaria (DV, No. 81 of October 4, 1994) appointing Georgi Evdokiev Markov a member of the Constitutional Court. The motions were turned down as irrelevant.
On the first motion the Constitutional Court ruled that there is no contradiction or vagueness requiring clarification by means of interpretation. The term "high moral integrity" is an ethical notion. It is neither the task of the Court, nor is it possible by decision to develop the entire system that determines the moral criteria and qualities characterising society. The motion exceeds the Court's competences set forth in Art.149, Para.1, Subpara.1 of the C.
On the second motion the Court ruled that the discretion for nomination or appointment of constitutional justices, including assessment of their moral integrity, rest solely with the authorised body. Since it is personal and sovereign, it is not subject to constitutional control. Personal judgement of professional and moral integrity is the sole right and responsibility of the nominating, appointing authority, respectively.
