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

  DECISION No 7 OF JUNE 12, 1997 ON CC No 1/97

The decision ruled down the challenge by the Chief Prosecutor of the constitutionality of Clauses 4, 48, 49 and 50 of the Law on the Amendment to the Law on Juvenile Delinquency (Darzhaven Vestnik, No 110/96). The amendments challenged pertain to the Central Commission of Juvenile Delinquency - its composition and transfer from the Chief Prosecutor's Office to the Council of Ministers. Arts. 8, 105 and 127 of the Constitution are said to be violated.
The Constitutional Court ruled that the establishment of the Central Commission with the Council of Ministers is not a transfer of powers that are an attribute of the Judiciary alone. On the other hand, keeping the Commission with the Chief Prosecutor's Office is not solely related to powers that are an attribute of the Executive. Art. 8 of the Constitution is not relevant to the problem and the claim that it is being violated has no reason.
The position of the Central Commission among state institutions is not predetermined by Constitution provisions, respectively by Art. 127 or Art. 105 of the Constitution. Whether the Commission will be with the Council of Ministers or with the Chief Prosecutor's Office is a matter of discretion on the part of the Legislature.
The Constitutional Court found that the amendments challenged contravene neither the Constitution provisions as quoted in the claim nor any other Constitution norm.