The Constitutional Court of Bulgaria: euronews.
The Constitutional Court of Bulgaria has established itself in society as a politically independent body which ensures the supremacy of the Constitution. Although Constitutional Court decisions which declare unconstitutionality of the laws and bylaws have political implications, the Constitutional Court is not a political court. It would be self-destruction if it decides cases on partisan and not on strictly constitutional and legal grounds. With their consistent abidance by the Constitution, the decisions of the Bulgarian Constitutional Court have guaranteed the irreversibility of the democratic processes in Bulgaria and the objectives of the Constitution. The Court’s decisions concerning the protection of the legitimate rights and interests of citizens, the separation of powers, the inviolability of private property, free enterprise, the independence of the media, the prohibition of censorship, etc., have elicited positive public and international response.
The Constitutional Court is composed of twelve judges One third is elected by the National Assembly; one third is appointed by the President and one third is elected by the General Assembly of the judges of the Supreme Court of Cassation and the Supreme Administrative Court. The Constitutional Court thus formed elects a Chairman of the Court with a three-year term of office. The Chairman may be reelected. Eligible for membership at the Constitutional Court are Bulgarian citizens with no other citizenship who meet the requirements of Art. 147 para 3 of the Constitution, viz. being lawyers of high professional and moral integrity and with at least fifteen years of professional experience. The justices are not subject to an age restriction. The justices of the Constitutional Court are elected or appointed for a period of nine years and are not eligible for re-election or re-appointment. The members of the Constitutional Court are renewed every three years from each quota. During the first term, lots were cast after the third and the sixth year to name the outgoing justices. Each renewal sends away four justices (one third) and admits four newly elected (newly appointed) justices. The tenure of a justice of the Constitutional Court expires upon expiry of the term – 9 years (3 and 6 years, respectively, lots being cast during the first term).
The mandate shall be terminated earlier upon: resignation submitted before the Constitutional Court; enforcement of a prison sentence for a deliberate crime; actual incapacitation which has lasted for more than one year; incompatibility with an office or activity pursuant to Art. 147 para 5 of the Constitution; death. The status of a justice of the Constitutional Court is incompatible with a representative mandate, or any state or public post, or membership in a political party or trade union, or with the practicing of a free, commercial or any other paid occupation.
The Constitutional Court justices assume their duties upon taking an oath of office in the presence of the Speaker of the National Assembly, the President of the Republic, the Chief Justice of the Supreme Court of Cassation and the Chief Justice of the Supreme Administrative Court.
The Constitutional Court justices enjoy the same immunity as the members of the National Assembly and have the status of the Speaker of the National Assembly. No criminal proceedings may be instituted against a Constitutional Court justice before his immunity has been revoked. A justice’s immunity shall be revoked upon the submission to the Constitutional Court by the Chief Prosecutor of sufficient evidence as to the committing of a grave premeditated criminal offense.
http://www.constcourt.bg/en/Home/AboutCourt
