Bulgaria: Constitutional Court Ruled against Suspension of PM Boyko Borissov's Government by 45th National Assembly

The National Assembly may not suspend the implementation of powers of other branches of government, the Constitutional Court said on Tuesday. The judgment was rendered in connection with a moratorium imposed by the 45th National Assembly on the work of the then outgoing government of prime minister Boyko Borissov.

On April 21, the legislature imposed a moratorium on transactions and personnel decisions of the outgoing government of GERB and the United Patriots. The moratorium was in effect from April 22 to May 12. The MPs explicitly banned the award of concession contracts, the issuance of new government debt, the sale of state or municipal hospitals, and personnel decisions concerning the public administration, regulatory authorities or the management of enterprises in which the state holds a stake of more than 50 per cent. The moratorium was challenged by a petition of 60 MPs to the Constitutional Court.

In its unanimous (11-0) judgment announced on Tuesday, the Constitutional Court said: "The National Assembly may not pass a resolution to suspend powers of the president or the executive government established by the Constitution and defined in greater detail by other laws, including when the Council of Ministers is functioning in accordance with Article 111, Paragraph 3 of the Constitution [until the forthcoming election of a new government], as well as the constitutionally established powers of other government bodies and the judiciary."

The Court noted that, in a parliamentary system, the government is indeed accountable to the parliament, but this does not mean that the government has subordinate status. BTA

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