Bulgaria 1991 Constitution (reviewed 2015)

Chapter III. National Assembly

Article 62

1. The National Assembly shall be vested with the legislative authority and shall exercise parliamentary control.
2. The National Assembly shall have an independent budget.

Article 63

The National Assembly shall consist of 240 members.

Article 64

1. The National Assembly shall be elected for a term of four years.
2. In case of war, armed hostilities or another state of emergency occurring during or after the expiry of the National Assembly’s term, its mandate shall be extended until the expiry of the circumstances.
3. Elections for a new National Assembly shall be held within two months from the expiry of the mandate of the preceding one.

Article 65

1. Eligible for election to the National Assembly shall be any Bulgarian citizen who does not hold another citizenship, is above the age of 21, is not under a judicial interdiction, and is not serving a prison sentence.
2. A candidate for a National Assembly seat who is in civil service shall suspend its performance upon the registration of his candidacy.

Article 66

The legitimacy of an election may be contested before the Constitutional Court by a procedure established by law.

Article 67

1. Members of the National Assembly shall represent not only their constituencies but the entire nation. No Member shall be held to a mandatory mandate.
2. Members of the National Assembly shall act on the basis of the Constitution and the laws and in accordance with their conscience and convictions.

Article 68

1. A Member of the National Assembly shall not occupy another state post, nor shall engage in any other activity which the law defines as incompatible with the status of a Member of the National Assembly.
2. A Member of the National Assembly elected as a minister shall cease to serve as a Member during his term of office as a minister. During that period, he shall be substituted in the National Assembly in a manner established by law.

Article 69

Members of the National Assembly shall not be held criminally liable for their opinions or votes in the National Assembly.

Article 70

1. A Member of the National Assembly shall be immune from detention or criminal prosecution except for the perpetration of an criminal offence, and in such case the permission of the National Assembly or, in between its session, of the Chairperson of the National Assembly, shall be required. No permission shall be required when a Member is detained in flagrante delicto; the National Assembly or, in between its session, the Chairperson of the National Assembly, shall be notified forthwith.
2. No permission for initiating criminal prosecution shall be required, where the Member of the National Assembly has given his consent thereto in writing.

Article 71

The National Assembly shall establish the emoluments of its Members.

Article 72

1. A Member’s prerogatives shall expire before the expiry of his term of office upon any of the following occurrences:
   1. Resignation presented before the National Assembly;
   2. Entry into force of a final sentence imposing imprisonment for an intentional criminal offence, or if the enforcement of the imprisonment sentence has not been suspended;
   3. Establishment of ineligibility or incompatibility;
   4. Death.
2. Cases referred to in items 1 and 2 shall require a resolution of the National Assembly; cases referred to in item 3 shall require a ruling by the Constitutional Court.

Article 73

The National Assembly shall be organized and shall act in accordance with the Constitution and its own internal rules.

Article 74

The National Assembly shall be a permanently acting body. It shall be free to determine its recesses.

Article 75

A newly elected National Assembly shall be convened for a first session by the President of the Republic within a month following its election. Should the President fail to do so, it shall be convened by one-fifth of the Members of the National Assembly.

Article 76

1. The first session of the National Assembly shall be opened by the senior present Member.
2. At the first session the Members shall swear the following oath:”I swear in the name of the Republic of Bulgaria to observe the Constitution and the laws of the country and in all my actions to be guided by the interests of the people. I have sworn.”
3. The National Assembly shall elect at the same session its Chairperson and Deputy Chairpersons.

Article 77

1. The Chairperson of the National Assembly shall:
   1. Represent the National Assembly;
   2. Propose the agenda for each session;
   3. Open, chair and close the sessions of the National Assembly and maintain orderly proceedings;
   4. Attest by his signature the contents of the acts passed by the National Assembly;
   5. Promulgate all resolutions, declarations and addresses passed by the National Assembly;
   6. Organize the National Assembly’s international contacts.
2. The Deputy Chairpersons of the National Assembly shall assist the Chairperson and carry out any activities devolved by him.

Article 78

The National Assembly shall be convened for its sessions by its Chairperson:

1. On his own initiative;
2. At the request of one-fifth of its members;
3. At the request of the President;
4. At the request of the Council of Ministers.

Article 79

1. The National Assembly shall elect standing and ad hoc committees from among its Members.
2. The standing committees shall aid the work of the National Assembly and shall exercise parliamentary control on its behalf.
3. Ad hoc committees shall be elected to conduct inquiries and investigations.

Article 80

Any official or citizen subpoenaed by a parliamentary committee shall be obligated to testify and present any required documents.

Article 81

1. The National Assembly shall open its sessions and pass resolutions when more than half of its Members are present.
2. The National Assembly shall pass laws and other acts by a majority of more than one-half of the present Members, except when a qualified majority is required by the Constitution.
3. Voting shall be personal and open, except when the Constitution requires or the National Assembly resolves on a secret ballot.

Article 82

Sessions of the National Assembly shall be public. The National Assembly may by exception resolve to hold some sessions behind closed doors.

Article 83

1. Ministers shall be free to attend the sessions of the National Assembly and the parliamentary committees. They shall be given priority in addressing the Members.
2. The National Assembly and the parliamentary committees shall be free to order ministers to attend their sessions and respond to questions.

Article 84

The National Assembly shall:

1. Pass, amend, supplement, and repeal the laws;
2. Pass the state budget and the budget report;
3. Establish the taxes and determine the size of the state taxes;
4. Schedule the elections for a President of the Republic;
5. Pass resolution on the holding of a national referendum;
6. Elect and remove the Prime Minister and, on his motion, the members of the Council of Ministers; effect changes in the government on a motion from the Prime Minister;
7. Create, transform and close down ministries on a motion from the Prime Minister;
8. Elect and remove the Governor of the Bulgarian National Bank and the heads of other institutions established by law;
9. Approve state-loan agreements;
10. Resolve on the declaration of war and conclusion of peace;
11. Approve any deployment and use of Bulgarian armed forces outside the country’s borders, and the deployment of foreign troops on the territory of the country or their crossing of that territory;
12. On a motion from the President or the Council of Ministers, introduce martial law or a state of emergency on all or part of the country’s territory;
13. Grant amnesty;
14. Institute orders and medals;
15. Establish the official holidays;
16. Hear and adopt the annual reports of the Supreme Court of Cassation, of the Supreme Administrative Court and of the Prosecutor General, as submitted by the Supreme Judicial Council, on the application of the law and on the operation of the courts, the prosecuting magistracy and the investigating authorities. The National Assembly may also hear and adopt other reports by the Prosecutor General on the operation of the prosecuting magistracy on the application of the law, counteraction of crime and implementation of penal policy;
17. Hold a hearing and pass reports on the activity of bodies, wholly or partially appointed by the National Assembly, where this is provided by law.

Article 85

1. The National Assembly shall ratify or denounce by law all international treaties which:
   1. Are of a political or military nature;
   2. Concern the Republic of Bulgaria’s participation in international organizations;
   3. Envisage corrections to the borders of the Republic of Bulgaria;
   4. Contain obligations for the treasury;
   5. Envisage the State’s participation in international arbitration or legal proceedings;
   6. Concern fundamental human rights;
   7. Affect the action of the law or require new legislation in order to be enforced;
   8. Expressly require ratification;
   9. Confer to the European Union powers ensuing from this Constitution.
2. The law ratifying the international treaty referred to in para 1, item 9 shall be adopted by a majority of two-thirds of all members of the Parliament.
3. Treaties ratified by the National Assembly may be amended or denounced only by their built in procedure or in accordance with the universally acknowledged norms of international law.
4. The conclusion of an international treaty requiring an amendment to the Constitution shall be preceded by the passage of such an amendment.

Article 86

1. The National Assembly shall pass laws, resolutions, declarations and addresses.
2. The laws and resolutions passed by the National Assembly shall be binding on all state bodies, all organizations and all citizens.

Article 87

1. Any Member of the National Assembly or the Council of Ministers shall have the right to introduce a bill.
2. The State Budget Bill shall be drawn up and presented by the Council of Ministers.

Article 88

1. Bills shall be read and voted upon twice, during different sessions. By way of exception, the National Assembly may resolve to hold both ballots during a single session.
2. All other acts of the National Assembly shall require a single ballot.
3. Each passed act shall be promulgated in State Gazette within 15 days of being passed.

Article 89

1. A motion of no confidence in the Council of Ministers shall require seconding by at least one-fifth of the Members of the National Assembly. To be passed, the motion shall require a majority of more than half of the votes of all National Assembly Members.
2. Should the National Assembly vote no confidence in the Prime Minister or the Council of Ministers, the Prime Minister shall hand in his government’s resignation.
3. Should the National Assembly reject a vote of no confidence in the Council of Ministers, the next motion for a vote of no confidence on the same grounds shall not be made within six months.

Article 90

1. Members of the National Assembly shall have the right to address questions and interpellations to the Council of Ministers and to individual ministers, who shall be obligated to respond.
2. A motion by one-fifth of the Members of the National Assembly shall be required to turn an interpellation into a debate on which a resolution shall be passed.

Article 91

1. The National Assembly shall establish a National Audit Office to supervise the implementation of the budget.
2. The organization, authority and procedures by which the National Audit Office shall act shall be established by law.

Article 91a

1. The National Assembly shall elect an Ombudsman, who shall defend the rights and freedoms of the citizens.
2. The powers and activities of the Ombudsman shall be regulated by a law.