Name of law Law amending and supplementing the law on normative acts, the Name of the Bill a bill amending and supplementing the law on normative acts of acceptance Date 20/04/2016 number/year Official Gazette 34/2016 Decree No 118
Pursuant to article 98, paragraph 4 of the Constitution of the Republic of Bulgaria
To be published in the Official Gazette the law amending and supplementing the law on normative acts adopted by the National Assembly of HLIIÌ 20 April 2016.
Issued in Sofia on 26 April 2016.
The President of the Republic: Rosen Plevneliev
Stamped with the State seal.
Minister of Justice:
amending and supplementing the law on normative acts (official SG. 27 of 1973; amend., SG. 65 of 1995 No. 55 since 2003 and 46/2007.)
§ 1. Article 17 is repealed.
§ 2. In chapter one create art. 18A and 18B:
"Art. 18. In the elaboration of the draft normative act is carried out a preliminary assessment of impact assessments and public consultations are held with citizens and legal persons pursuant to the second and third chapters.
Art. 18B. (1) the results of the application of the Act shall be verified by a subsequent impact assessment.
(2) on the basis of the inspection, if necessary, proposes repeal, modification or addition to the normative act. "
§ 3. A new chapter with new art. 19-23:
IMPACT ASSESSMENT OF REGULATIONS
Art. 19. (1) the Drafter of a draft Act shall carry out an assessment of the impact of legislation, where this is provided for in this Act.
(2) the impact assessment is preliminary and follow-up. The impact assessment explores the relationship between the objectives and the expected results (achieved).
(3) the National Assembly determines the methodology to assess the impact of projects of laws and codes introduced by MPs.
(4) the Council of Ministers shall determine, by by-law the terms and conditions for planning and carrying out an assessment of the impact of projects of laws, codes and regulations of the Council of Ministers. The scope and the methodology for conducting impact assessment shall be determined by an Ordinance of the Council of Ministers.
Art. 20. (1) the ex-ante impact assessment is partial and complete.
(2) the performance of preliminary partial impact assessment precede the preparation of any draft law code and the regulation of the Council of Ministers.
(3) Complete a preliminary impact assessment shall be made on:
1. development of new laws and codes;
2. preparation of draft regulations, for which the assessment under paragraph 1. 2 has shown that one can expect significant consequences.
(4) except in the cases referred to in paragraph 1. 3 complete a preliminary impact assessment may be carried out at the discretion of the project.
Art. 21. (1) the legislative initiative of the Council of Ministers shall be carried out on the basis of the legislative programme and adoption of regulations – on the basis of the operational programme. The legislative and the operational programme shall be adopted by the Council of Ministers for six months.
(2) the inclusion of projects of laws and codes in the legislative programme and the bylaws of the Council of Ministers in the operational programme shall be carried out after the carried out a preliminary assessment of the impact.
(3) the Council of Ministers shall examine drafts of laws and codes and the bylaws of the Council of Ministers, which are not included in the legislative and operational program, if it is accompanied by a preliminary assessment of the impact.
(4) the legislative and the operational programme of the Council of Ministers together with the preliminary impact assessments are published on the portal for public consultations.
(5) the estimates of the impact on al. 2 and 3 is agreed with the administration of the Council of Ministers.
Art. 22. (1) the authority, in whose jurisdiction is the implementation of the legislation carries out ex-post evaluation of the impact of the new laws, codes and regulations of the Council of Ministers.
(2) the subsequent impact assessment shall be carried out within five years after the entry into force of the new law, code or regulation of the Council of Ministers or a shorter period specified by the authority under para. 1.
(3) Subsequent impact assessment carried out by the authority referred to in paragraph 1. 1, shall be published on the website of the authority concerned and the portal for public consultations within 30 days of preparation ù.
(4) where a body of local self-government e committed ex post evaluation of the impact, it is published on the website of the municipality within 30 days of preparation ù.
Art. 23. State bodies and budgetary organisations within the meaning of the law on public finances, which have been made requests for information or assistance in connection with carrying out an impact assessment, are required to provide information or to assist the body organising the execution ù. "
§ 4. In art. 26 the following amendments and supplements shall be made:
1. In paragraph 8. 1 the words "soundness, stability, openness and consistency" are replaced by "appropriate, soundness, predictability, openness, subsidiarity, proportionality, consistency and stability."
2. a new paragraph. 2:
"(2) in the process of elaboration of a draft of law shall be conducted public consultations with citizens and legal persons."
3. The current paragraph. 2 it al. 3 and in her words "as the persons concerned shall be granted at least a 14-day deadline for suggestions and opinions on the project ' shall be replaced by" and ex ante impact assessment under art. 20 "and the second sentence:" when the drafter of the project is the Executive authority, is published on the portal for public consultations and, when a body of local self-government – the website of the municipality and/or City Council. "
4. Al are created. 4 and 5:
"(4) the deadline for suggestions and opinions on draft published for public consultation under paragraph 1. 3, is no less than 30 days. In exceptional cases, and specifically mentioning the reasons in reasoning, respectively in the report drafter of the project may determine another period, but not less than 14 days.
(5) After the completion of the public consultation under paragraph 1. 3 and, respectively, prior to the adoption of the legal issue, drafter of the project published on the Internet site of the institution concerned a report of proposals along with the justification for unacceptable proposals. When the drafter of the project is the authority of the Executive power, the publication of the report be conducted simultaneously and the portal for public consultation. "
§ 5. In art. 27, al. 1, after the word "send" "is added along with the preliminary assessment of the impact on art. 20 "and add" as well as the National Association of municipalities in Republic of Bulgaria, if the project is connected with the powers of municipalities ".
§ 6. In art. 28 is made the following changes and additions:
1. In paragraph 8. 1, after the words "report to him" there shall be added "and the preliminary assessment of the impact on art. 20. "
2. a new paragraph. 3:
"(3) the draft law or code, which is the subject of consideration by the Council of Ministers shall be accompanied by a statement of compliance with the Convention for the protection of human rights and fundamental freedoms and the case-law of the European Court of human rights, which shall be drawn up by the Department of Justice."
3. The current paragraph. 3 it al. 4 and, after the words "para. 2 "there shall be added" and a preliminary assessment of the impact in accordance with chapter two, and for the draft law or code – and the report under para. 3. "
§ 7. After art. 51 to create "additional provisions" with a new § 1 and § 1 (a):
§ 1. "Portal for public consultations" within the meaning of this law is a central, public Web-based information system, which provides for the publication of draft regulations for public consultations, drawn up by the authority of the Executive power or by a body of local self-government. In the portal for public consultations section is created, bearing the physical and ûrdičeskite persons given the task by the State or municipalities to develop draft regulations, impact assessments, and the amount of their remuneration.
§ 1a. The second and third chapters, except for iziskvaneto motives under art. 28, para. 1, shall not apply to:
1. the Bills on the State budget, State social insurance budget and to the budget of the national health insurance fund, as well as drafts of regulations relating to the implementation of the State budget;
2. the Bills amending the Constitution;
3. bills of ratification and denunciation of international treaties;
4. the projects of normative acts related to the prevention and eradication of the consequences of force majeure. "
§ 8. In the transitional and final provisions the following modifications are made: 1. former paragraph 1 becomes § 1 (b).
2. § 5 number "17" shall be replaced by "13".
3. paragraph 6 is hereby repealed.
Transitional and final provisions
§ 9. Made and agreed to the entry into force of this law, the draft regulations are approved and adopted by the previous line.
§ 10. The law shall enter into force six months after its promulgation in the State Gazette.
The law was passed by the National Assembly-43 on April 20, 2016 and is stamped with the official seal of the National Assembly.
President of the National Assembly Tsetska Tsacheva: