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

  DECISION No. 17 OF OCTOBER 3, 1995 ON CC No. 13/95

Motion by the Chief Prosecutor asking for interpretation of the constitutional norms of Arts. 129, 130 and 131 in relation to Art. 117 paras 2 and 3 with regard to the budget sufficiency of the Supreme Judicial Council. He challenged also the constitutionality of Art. 3 of the 1995 State Budget Act of the Republic of Bulgaria (DV, No. 46 of May 19, 1995) inasmuch as did not provide funding to the Supreme Judicial Council and Art. 25 of the Law on the Judiciary which assigns the administrative service of the Supreme Judicial Council to the Ministry of Justice.
The Constitutional Court ruled that the Supreme Judicial Council is an arm of the Judiciary and has its own budget. Any annual state budget act that provides no funding to individual Constitution-sanctioned state institutions can be defined as anticonstitutional as it paralyzes the activities of these institutions.
The Constitutional Court pronounced the norm of Art. 25 of the Law on the Judiciary to be in contravention to the C. It contravenes the principle of the separation of powers - Art. 8 of the C. and Art. 117 paras 2 and 3 of the C.
The refusal of the National Assembly to provide a separate budget to the Supreme Judicial Council for 1995 was likewise found anticonstitutional. The annual budget act is only a nominal act and not a law with normative content. The refusal of the National Assembly to make allocations in an annual budget act for the support of institutions established under the C. will paralyze the activity of such institutions in the respective budget year and in the future, amend the Constitution by dissolving these bodies.