Вид на акта
искане
Дата
01-01-1970 г.
Към дело
/

  DECISION No. 7 OF JUNE 19, 1995 ON CC No. 9/95

Motion by the President of the Republic of Bulgaria challenging the constitutionality of several provisions of the Law on the Amendment to the Law on Agricultural Land Ownership and Use (LALALOU) (DV, No. 45 of May 16, 1995). These are Clause 4 items 1 and 3; Clause 12 which amends Art. 17 paras 3 and 7 of the Law on Agricultural Land Ownership and Use (LALOU) and Clause 20 which amends Art. 33 para 1 of the LALOU.
The Constitutional Court ruled that the amendment to Art. 10 para 1 of the LALOU by Clause 4 item 1 of the LALALOU excludes the lands that had been owned by owners before the establishment of the cooperative farms. Ownership on these lands was reinstated by Art. 10 para 1 of the LALOU in the wording of 1992. The amendment by Clause 4 item 1 of the LALALOU is in fact again a compulsory contribution which is in contravention to Art. 17 para 3 of the C. Therefore the Constitutional Court ruled Clause 4 item 1 of the LALALOU was anticonstitutional.
The Constitutional Court ruled that Clause 20 of the LALALOU which amends Art. 33 para 1 of the LALOU deprives the chairmen and secretaries of land commissions of the right to challenge in court their dismissal. That amendment is anticonstitutional as it affects the Constitution-sanctioned right to work and right to legal defense and violates Art. 48 para 1 and Art. 56 of the C.
The Constitutional Court ruled on the nonsuit of the rest of the case which is the subject of Decision No. 8 of June 19, 1995 on CC No. 12/95.