Bulgaria 1991 Constitution (reviewed 2015)

Chapter VIII. Constitutional Court

Article 147

1. The Constitutional Court shall consist of 12 judges, one third of whom shall be elected by the National Assembly, one third shall be appointed by the President, and one-third shall be elected by a joint meeting of the judges of the Supreme Court of Cassation and the Supreme Administrative Court.
2. The judges of the Constitutional Court shall be elected or appointed for a period of nine years and shall not be eligible for re-election or re-appointment. The make-up of the Constitutional Court shall be renewed every three years from each quota, in a rotation order established by law.
3. The judges of the Constitutional Court shall be lawyers of high professional and moral integrity and with at least fifteen years of professional experience.
4. The judges of the Constitutional Court shall elect by secret ballot a Chairman of the Court for a period of three years.
5. The status of a judge of the Constitutional Court shall be 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.
6. A judge of the Constitutional Court shall enjoy the same immunity as a Member of the National Assembly.

Article 148

1. The mandate of a judge of the Constitutional Court shall expire upon any of the following occurrences:
   1. The expiry of the term of office;
   2. Resignation submitted before the Constitutional Court;
   3. Entry into force of a final sentence imposing imprisonment for an intentional criminal offence;
   4. Permanent de facto inability to perform his duties for more than a year;
   5. Incompatibility with an office or activity referred to in Article 147 para 5.
   6. Death.
2. The Constitutional Court shall lift the immunity of a judge or establish his de facto inability to perform his duties by a secret ballot requiring a majority of at least two-thirds of the votes of all justices.
3. Where the mandate of a Constitutional judge is terminated, a new judge from the same quota shall be appointed or elected within one month.

Article 149

1. The Constitutional Court shall:
   1. Provide binding interpretations of the Constitution;
   2. Rule on constitutionality of the laws and other acts passed by the National Assembly and the acts of the President;
   3. Rule on competence suits between the National Assembly, the President and the Council of Ministers, and between the bodies of local self-government and the central executive branch of government;
   4. Rule on the compatibility between the Constitution and the international treaties concluded by the Republic of Bulgaria prior to their ratification, and on the compatibility of domestic laws with the universally recognized norms of international law and the international treaties to which Bulgaria is a party;
   5. Rule on challenges to the constitutionality of political parties and associations;
   6. Rule on challenges to the legality of the election of the President and Vice President;
   7. Rule on challenges to the legality of an election of a Member of the National Assembly;
   8. Rule on impeachments by the National Assembly against the President or the Vice President.
2. No authority of the Constitutional Court shall be vested or suspended by law.

Article 150

1. The Constitutional Court shall act on an initiative from not fewer than one-fifth of all Members of the National Assembly, the President, the Council of Ministers, the Supreme Court of Cassation, the Supreme Administrative Court or the Prosecutor General. A challenge to competence pursuant to para 1 item 3 of the preceding Article may further be filed by a municipal council.
2. Should it find a discrepancy between law and the Constitution, the Supreme Court of Cassation or the Supreme Administrative Court shall suspend the proceedings on a case and shall refer the matter to the Constitutional Court.
3. The Ombudsman may approach the Constitutional Court with a request for declaring as unconstitutional a law which infringes human rights and freedoms.
4. The Supreme Judicial Council may approach the Constitutional Court with a petition to establish unconstitutionality of any law whereby any rights and freedoms of citizens are violated.

Article 151

1. A ruling of the Constitutional Court shall require a majority of more than half of the votes of all judges.
2. Rulings of the Constitutional Court shall be promulgated in State Gazette within 15 days from the date on which they are issued. A ruling shall come into force three days after its promulgation. Any act found to be unconstitutional shall cease to apply as of the date on which the ruling shall come into force.
3. Any portion of a law which is not ruled unconstitutional shall remain in force.

Article 152

The organization and the manner of proceeding of the Constitutional Court shall be established by law.