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

DECISION No. 6 OF APRIL 18, 1996 ON CC No. 31/95

Seized by a group of Members of Parliament the Constitutional Court pronounced Art. 23 of the Law on Transactions in Foreign Currency and Currency Controls (LTFCCC) concerning the license for transactions and operations by Bulgarian citizens defined as foreign nationals in Art. 5 of the LTFCCC to be anticonstitutional.
The Constitutional Court believes that Art. 5 circulates the concept "foreign national" which stands also for Bulgarian nationals who reside permanently abroad and for Bulgarian nationals who left the country more than six months ago or left the country with the intention to seek permanent residence abroad. Following this definition Art. 23 of the LTFCCC provides for a license for Bulgarian nationals who are foreigners when they are involved in transactions and operations with immovable property.
That provision concerning Bulgarian citizens referred to in Art. 5 of the LTFCCC created in Art. 23 of the same law both in the original text and in the amendment (DV, No. 53/1989) contravenes the provision of Art. 17 paras 1 and 3 of the C. because it curtails a fundamental right of an owner who is a Bulgarian citizen, that of disposing of his or her property. It is a codified discriminatory measure vis a vis a certain category of Bulgarian citizens and the Constitutional Court found it to be anticonstitutional.