DECISION No. 6 OF JUNE 13, 1995 ON CC No. 7/95
Motion by a group of Members of Parliament challenging the constitutionality of the Law on the Amendment of the Law on Local Self-Government and Local Administration (LALLSGLA) (DV, No. 24 of March 14, 1995). The Law contains two clauses. Clause 1 amends Art. 8 para 1 of the Law on Local Self-Government and Local Administration (LLSGLA) granting the status of region to the Greater Capital City Municipality. Clause 2 of the LALLSGLA repeals Art. 80 of the LLSGLA by virtue of which Sofia shall not have a regional governor whose roles shall be played by the Mayor of the Greater Capital City Municipality unless a law provides otherwise.
The Constitutional Court ruled down the motion. Art. 135 of the C. provides extensively for administrative territorial units in addition to those mentioned in the text to be established by a law. A law may make the Greater Capital City Municipality a specific administrative territorial unit or grant it the status of a region within the same territory. This is a matter of legislative appropriateness, hence the challenged text of Clause 1 of the LALLSGLA does not contravene the C.
Granting to the Greater Capital City Municipality the status of a region preconditions the appointment of a regional governor as Art. 143 para 1 of the C. reads that each region shall be governed by a regional governor. This substantiates the cancellation of Art. 80 of the LLSGLA.
