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

  DECISION No 4 OF FEBRUARY 11, 1997 ON CC No 29/96

The decision in response to the Chief Prosecutor declares the partial unconstitutionality of Art. 60 para 1 of the Law on the Election of Members of Parliament, Municipal Councilors and Mayors (Darzhaven Vestnik, No 69/1991) and of Art. 66 para 3 of the Local Elections Law (Darzhaven Vestnik. No 66/1995). It is claimed that Art. 41 of the Constitution has been violated.
The former provision prohibits to publish unpublished public opinion poll results concerning elections 14 days prior to the election day and on the very election day. The latter provision extends the same prohibition over local elections 7 days prior to the election day and on the very election day.
The Constitutional Court agreed that the prohibition to provide such information is no doubt curtailment of rights under Art. 41 of the Constitution. The right to obtain and disseminate information is a fundamental human right which is protected by international instruments that Bulgaria has ratified.
On the other hand according to Art. 10 of the Constitution it is universal, equal and direct suffrage. The electorate shall freely manifest their will on the election day. However, the law does not preclude the possibility to influence the will and choice by posters and through the media. The prohibition covers a period of 24 hours before the election day because canvassing during that period would be inadmissible encroachment on the free will of the citizen elector.
The Court agreed that the time from when onwards the will of the electorate has to be protected against hearing the electorate poll results cannot precede the period of termination of canvassing while taking into account the impact of both factors. For this reason the provisions challenged in the part concerning the prohibition to publish public opinion poll results 14, respectively 7 days prior the election day are in contravention to the Constitution. The prohibition to publish on the election day is not in contravention to the Constitution.