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

DECISION No. 13 OF JULY 25, 1996 ON CC No. 11/96

The Chief Prosecutor of the Republic seized the Constitutional Court for a binding interpretation of Art. 129 para 2 and Art. 102 para 1 in relation to Art. 98 and Art. 102 paras 2 and 3 of the C. Interpretation was required for the following questions: Shall the decree of the President of the Republic of Bulgaria issued under Art. 129 para 2 of the C. be countersigned and if so, by whom? and 2. What is the legal message of countersigning the decree of the President of the Republic and does a refusal to countersign affect its validity?
The Constitutional Court gave the following interpretatio?
The presidential decrees listed in Art. 102 para 3 of the C. express his discretionary powers, therefore, these do not have to be countersigned. The listing is not complete.
The presidential decree appointing the chairmen of the Supreme Court of Cassation, the Supreme Administrative Court and the Chief Prosecutor on a motion from the Supreme Judicial Council in compliance with Art. 129 para 2 of the C. shall not be countersigned inasmuch as it concerns not the Executive whose actions are subject to parliamentary control but the Judiciary. The decree shall enter into force on being signed by the President and its compliance with the Constitution shall be controlled by the Constitutional Court.
Countersigning a President's decree by the Prime Minister or by a respective minister under Art. 102 para 2 of the C. is an action by which the Government accepts the decree and shares the responsibility of issuing it, political responsibility included, which could be borne by the National Assembly by the parliamentary control procedure under Art. 1 para 1 and Art. 62 of the C. This is taking the responsibility for helping enact and enforce the decree.
Countersigning is a constitutive element for a decree to be valid.