DECISION No. 24 OF DECEMBER 12, 1995 ON CC No. 30/95
Motion by the Chief Prosecutor challenging the constitutionality of items 1 and 2 of the Decision of the 37th National Assembly of October 13, 1995 (DV, No. 94 of October 24, 1995). Beside he asked that the refusal of the National Assembly to regulate by that decision the rights of the judicial power and of the Constitutional Court to air time be declared anticonstitutional.
Item 1 of the National Assembly decision repealed provisions that a Constitutional Court decision had already pronounced anticonstitutional. The Constitutional Court ruled that the provision of item 1 overlaps completely with the disposition of the court ruling, therefore it is violation of the C.
Item 2 of the National Assembly decision creates two new sentences - 2nd and 3rd in paragraph 2 of the Decision of the Grand National Assembly to adopt Basic Rules of an Interim Status of the Bulgarian National Television and the Bulgarian National Radio.
According to the second sentence pending the passage of new legislation the National Assembly shall practice the prerogatives by its Committee for Radio, Television and the Bulgarian New Agency. The Constitutional Court ruled that the delegation of these powers contravenes Clause 6 of the Transitional and Concluding Provisions of the C. According to the Constitutional Court the first part of the third sentence is not anticonstitutional. According to that part the Committee for Radio, Television and the Bulgarian New Agency gives opinion and takes decisions on the nominations of directors general of the Bulgarian National Television, Bulgarian National Radio and Bulgarian News Agency and submits them to the National Assembly for election or dismissal.
The remaining two parts of the third sentence repeat provisions that have already been pronounced anticonstitutional by the Constitutional Court on CC No. 19/95. The Constitutional Court again declared these provisions to be anticonstitutional and noted that their repetition is disrespect for the consequences of the Constitutional Court decision and affects the principle of legality - Art. 4 para 1 of the C.
Regarding the requested air time, the Constitutional Court ruled that the provision in the decision of Parliament was an interim one. The refusal to allow air time to the judicial system and the Constitutional Court is not anticonstitutional as overall legislation on this matter is forthcoming.
