Law Amending And Supplementing The Constitution Of The Republic Of Bulgaria

Original Language Title: Закон за изменение и допълнение на Конституцията на Република България

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15497/

Name of law Law amending and supplementing the Constitution of the Republic of Bulgaria Named Bill a bill amending and supplementing the Constitution of the Republic of Bulgaria on the adoption Date 16/12/2015 number/year Official Gazette 100/2015 LAW amending and supplementing the Constitution of the Republic of Bulgaria (promulgated, SG. 56 of 1991; amend., SG. 85 from 2003. , PC. 18 of 2005, St. 27 of 2006; Decision of the Constitutional Court No. 7 of 2006 – PCs. 78 of 2006; amend., SG. 12 of 2007.)

§ 1. In art. 84, t. 16 creates the second sentence: "the Assembly may hear and accept, and other reports to the Attorney General on the activities of the Prosecutor's Office on the application of the law, tackling vehicle crime and implementation of penal policy".

§ 2. In art. 129 the following endorsements are added:

1. In paragraph 8. 1, after the words "Office of the" added "judges," the Prosecutor's Association, respectively.

2. in the Al. 2, first sentence, after the words "on a proposal from the" insert "plenary".

3. in the Al. 3 in the text before paragraph 1, after the words "by a decision of the" insert "judges," the Prosecutor's Association, respectively.

§ 3. In art. 130 following amendments and supplements shall be made:

1. In paragraph 8. 3, after the words "National Assembly" insert "with a two-thirds majority of MPs" and the second sentence: "the members of the Supreme Judicial Council are elected under the conditions of art. 130 (a), para. 3 and 4 and in accordance with procedures determined by law. "

2. Paragraphs 5, 6 and 7 shall be repealed.

§ 4. Create a new article. 130a and art. 130 (b):

"Art. 130. (1) the Supreme Judicial Council carries out his duties through the plenum, judicial and prosecution College.

(2) the plenary shall consist of all the members of the Supreme Judicial Council. The plenum of the Supreme Judicial Council:

1. adopts the draft budget of the judiciary;

2. adopt a decision for the termination of the term of Office of an elected member of the Supreme Judicial Council, subject to the conditions of art. 130, para. (8);

3. organize the qualification of judges, prosecutors and investigators;

4. decide on the judiciary general organizational issues;

5. hear and adopt the annual reports referred to in art. 84, s. 16;

6. manage real estates of the judiciary;

7. make a proposal to the President of the Republic for the appointment and dismissal of the President of the Supreme Court, the President of the Supreme Administrative Court and the Attorney General;

8. performs other powers determined by law.

(3) the Judges Association of the Supreme Judicial Council consists of 14 members and includes the Presidents of the Supreme Court of Cassation and the Supreme Administrative Court, six members, directly elected by the judges, and six members elected by the National Assembly.

(4) the Prosecutor's Association of the Supreme Judicial Council consists of 11 members and includes the Attorney General, four members elected directly by prosecutors, one article selected directly by the investigators, and five members elected by the National Assembly.

(5) the Chambers in accordance with their professional orientation:

1. be appointed, promoted, moved and removed from Office judges, prosecutors and investigators;

2. make periodic attestations of judges, prosecutors, investigators and administrative heads in the organs of the judiciary and resolve issues for acquisition and restoration of tenure;

3. impose disciplinary punishments lower and dismissal of judges, prosecutors, investigators and administrative heads in the organs of the judiciary;

4. appointed or dismissed the administrative heads in the organs of the judiciary;

5. decide questions about the organisation of the activity of the system of organs of the judiciary;

6. carry out other powers determined by law.

Art. 130 (b). (1) the meetings of the plenary of the Supreme Judicial Council shall be chaired by the Minister of Justice. He did not participate in the vote.

(2) Judges of the Supreme Judicial Council is chaired by the President of the Supreme Court of Cassation. Prosecutor's Association of the Supreme Judicial Council is chaired by the Attorney General. The Minister of Justice may attend meetings as non-voting.

(3) the Chief Inspector may attend meetings of the plenary of the Supreme Judicial Council and the meetings of the judges and the Prosecutor's Association of the Supreme Judicial Council, did not participate in the vote. "

§ 5. Former art. 130a became art. 130 in and made the following changes:

1. In paragraph 1, the words "for consideration" shall be deleted.

2. Section 2 is repealed.

§ 6. Article 131 shall be repealed.

§ 7. In art. 132 (a), para. 6 is a new second sentence: "the Inspectorate carries out checks on integrity and conflict of interest for judges, prosecutors and investigators on their property declarations, as well as establishing the actions that tarnish the prestige of the judiciary, and those related to violation of the independence of judges, prosecutors and investigators.", and the current second sentence becomes the third sentence.

§ 8. In art. 150 Al is created. 4:

"(4) the Supreme Bar Council may refer to the Constitutional Court with a request to establish the unconstitutionality of a law, which violate the rights and freedoms of citizens."

Transitional and final provisions

§ 9. The National Assembly within three months of the entry into force of this law shall adopt laws that relate to the application of art. 130a and 130b.

§ 10. Elected members of the High Judicial Council on the date of entry into force of this law and finish his term.


§ 11. (1) within one month from the entry into force of the laws, which relate to the application of art. 130a and 130b, Supreme Judicial Council divided the members of the Council, elected by the National Assembly, the judges and the Prosecutor's Association of the Supreme Judicial Council.

(2) in the event that, within the period referred to in paragraph 1. 1 the Supreme Judicial Council do not allocate the members elected by the National Assembly, the judges and the Prosecutor's Association, the National Assembly shall allocate them with a solution.

The law was passed by the National Assembly-43 on 16 December 2015 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

Stamped with the State seal.

Minister of Justice: Hristo Ivanov

8236