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

  DECISION No 7 OF MAY 3, 1999 ON CC No 6/99

Fifty-nine Members of the 38th National Assembly approached the Constitutional Court on grounds of Art. 149 para 1 subpara 4 of the Constitution and asked to qualify the Agreement between the Republic of Bulgaria and the North Atlantic Treaty Organization Regarding Transit of NATO Aircraft Within the Framework of Operation “Allied Force” using the airspace of Bulgaria as non-compliant with the Constitution.
The Constitutional Court decision found the above agreement to be compliant with the Constitution of the Republic of Bulgaria. The Constitution explicitly provides for foreign troops’ deployment on or transit via the country’s territory. The National Assembly (Parliament) which gives the permission can decide on the declaration of war or conclusion of peace, ratify international instruments of political or military nature. When Parliament exercises these powers the violation of the Constitution and usurpation of the national sovereignty are out of the question.
The Constitution differentiates between a decision to allow transit and to conclude international instruments of political or military nature on the one side, and the declaration of war and conclusion of peace on the other and for this reason they are listed as separate powers of the National Assembly. The agreement between the Republic of Bulgaria and NATO does not treat any involvement of Bulgarian troops in armed operation. Therefore the provisions of the Constitution concerning the powers of the National Assembly on the issues of war and peace have no relevance in the case considered and there can be no question of their violation.
Under the Constitution the Council of Ministers directs and pursues the country’s foreign policy, guarantees the national security, concludes international instruments of political or military nature to submit them to Parliament to be ratified. These Constitution requirements have been abided by when the agreement challenged was concluded and when it was submitted for ratification to the National Assembly.