Bulgaria | Constitutional Provisions

Text of the Constitution (in English)

1. Provisions concerning the European Union

Art. 4 (1) The Republic of Bulgaria shall be a state governed by the rule of law. It shall be governed by the Constitution and the laws of the country.
(2) The Republic of Bulgaria shall guarantee the life, dignity and rights of the individual and shall create conditions conducive to the free development of the individual and of civil society.
(3) Republic of Bulgaria shall participate in the construction and development of the European Union.

Art. 22 (1) Foreigners and foreign legal persons may acquire property over land under the conditions ensuing from Bulgaria's accession to the European Union, or by virtue of an international treaty that has been ratified, published and entered into force for the Republic of Bulgaria, as well as through inheritance by operation of the law.
(2) The law ratifying the international treaty referred to in para 1 shall be adopted by a majority of two thirds of all members of the Parliament.
(3) The land regime shall be established by law.

Art. 42 (1) Every citizen above the age of 18, with the exception of those placed under judicial interdiction or serving a prison sentence, shall be free to elect state and local authorities and vote in referendums.
(2) The organization and procedure for the holding of elections and referendums shall be established by law.
(3) The elections for Members of the European Parliament and the participation of European Union citizens in the elections for local authorities shall be regulated by law.

Art. 105 (1) The Council of Ministers shall head the implementation of the state's domestic and foreign policy.
(2) The Council of Ministers shall ensure the public order and national security and shall exercise overall guidance over the state administration and the Armed Forces.
(3) (new, SG 18/05) The Council of Ministers shall inform the National Assembly on issues concerning the obligations of the Republic of Bulgaria resulting from its membership in the European Union.
(4) (new, SG 18/05) When participating in the drafting and adoption of European Union instruments, the Council of Ministers shall inform the National Assembly in advance, and shall give detailed account for its actions.

2. Provisions concerning International Treaties

Art. 5 (1) The Constitution shall be the supreme law, and no other law shall contravene it.
(2) The provisions of the Constitution shall apply directly.
(3) No one shall be convicted for action or inaction which at the time it was committed, did not constitute a crime.
(4) Any international treaties which have been ratified by the constitutionally established procedure, promulgated and having come into force with respect to the Republic of Bulgaria, shall be considered part of the domestic legislation of the country. They shall supersede any domestic legislation stipulating otherwise.
(5) All legislative acts shall be promulgated and shall come into force three days after the date of their promulgation unless otherwise envisaged by the acts themselves.

Art. 24 (1) The Republic of Bulgaria shall conduct its foreign policy in accordance with the principles and norms of international law.
(2) The foreign policy of the Republic of Bulgaria shall have as its highest objective the national security and independence of the country, the well-being and the fundamental rights and freedoms of the Bulgarian citizens, and the promotion of a just international order.

Art. 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. (new, SG 18/05) confer to the European Union powers ensuing from this Constitution.
(2) (new, SG 18/05) 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) (former para 2, SG 18/05) 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) (former para 3, SG 18/05) The conclusion of an international treaty requiring an amendment to the Constitution shall be preceded by the passage of such an amendment.

Art. 98 The President of the Republic shall:
1. schedule the elections for a National Assembly and for the bodies of local self-government and shall set the date for national referendums pursuant to a resolution of the National Assembly;
2. address the nation and the National Assembly;
3. conclude international treaties in the circumstances established by the law;
4. promulgate the laws;
5. on a motion from the Council of Ministers, determine the borders of the administrative territorial units and their centers;
6. on a motion from the Council of Ministers, appoint and remove the heads of the Republic of Bulgaria's diplomatic and permanent missions at international organizations, and receive the credentials and the letters of recall of the foreign diplomatic representatives to this country;
7. appoint and remove from office other state officials, established by law;
8. award orders and medals;
9. grant, restore, relieve from and withdraw Bulgarian citizenship;
10. grant asylum;
11. exercise the right to pardon.
12. cancel uncollectible debts to the state;
13. name landmarks and communities of national importance;
14. inform the National Assembly on basic problems within his prerogatives.

Art. 106 The Council of Ministers shall manage the implementation of the state budget; organize the management of the state's assets; conclude, confirm or denounce international treaties when authorized to do so by law.

Art. 149 (1) The Constitutional Court shall:
1. provide binding interpretations of the Constitution;
2. rule on challenges to the 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.

Art. 158 A Grand National Assembly shall:
1. adopt a new Constitution;
2. resolve on any changes in the territory of the Republic of Bulgaria and ratify any international treaty envisaging such a change.
3. resolve on any changes in the form of state structure or form of government;
4. resolve on any amendment to Art. 5 paras 2 and 4 and Art. 57 paras 1 and 3 of this Constitution;
5. resolve on any amendment to Chapter nine of the Constitution.

3. Provisions concerning constitutional reform

Art. 154 (1) The initiative to introduce a constitutional amendment bill shall belong to one quarter of the Members of the National Assembly and to the President.
(2) An amendment bill shall be debated by the National Assembly not earlier than one month and not later than three months from the date on which it is introduced.

Art. 155 (1) A constitutional amendment shall require a majority of three quarters of the votes of all Members of the National Assembly in three ballots on three different days.
(2) A bill which has received less than three quarters but more than two-thirds of the votes of all Members shall be eligible for reintroduction after not fewer than two months and not more than five months. To be passed at this new reading, the bill shall require a majority of two-thirds of the votes of all Members.

Art. 156 An amendment to the Constitution shall be signed and promulgated in State Gazette by the Chairperson of the Grand National Assembly within seven days of being passed.

Art. 157 A Grand National Assembly shall consist of 400 Members elected by the generally established procedure.

Art. 158 A Grand National Assembly shall:
1. adopt a new Constitution;
2. resolve on any changes in the territory of the Republic of Bulgaria and ratify any international treaty envisaging such a change.
3. resolve on any changes in the form of state structure or form of government;
4. resolve on any amendment to Art. 5 paras 2 and 4 and Art. 57 paras 1 and 3 of this Constitution;
5. resolve on any amendment to Chapter nine of the Constitution.

Art. 159 (1) Only the President or at least half of the Members of the Grand National Assembly have the right to introduce an amendment bill pursuant to the preceding Article.
(2) The draft of a new constitution or a proposed amendment to the existing Constitution, and any bill to introduce a change in the territory of the country pursuant to Art. 158 shall be debated by the National Assembly not earlier than two months and not later than five months from the date on which it is introduced.

Art. 160 (1) A resolution by the National Assembly announcing elections for a Grand National Assembly shall require a majority of two-thirds of the votes of all Members.
(2) The President shall schedule the elections for a Grand National Assembly within three months of the National Assembly's resolution being passed.
(3) The mandate of the National Assembly shall expire with the holding of the elections for a Grand National Assembly.

Art. 161 To pass a bill, the Grand National Assembly shall require a majority of two-thirds of the votes of all Members, in three ballots on three different days.

Art. 162 (1) A Grand National Assembly shall resolve only on the constitutional amendment bills for which it has been elected.
(2) In an emergency, a Grand National Assembly shall further perform the functions of a National Assembly.
(3) The prerogatives of a Grand National Assembly shall expire after it resolves on all matters for which it has been elected. The President shall then schedule elections by a procedure established by law.

Art. 163 An Act of the Grand National Assembly shall be signed and promulgated in State Gazette by the Assembly's Chairperson within seven days of it being passed.

4. Provisions concerning referendums

Art. 10 All elections, and national and local referendums shall be held on the basis of universal, equal and direct suffrage by secret ballot.

Art. 42 (1) Every citizen above the age of 18, with the exception of those placed under judicial interdiction or serving a prison sentence, shall be free to elect state and local authorities and vote in referendums. (2) The organization and procedure for the holding of elections and referendums shall be established by law. (3) (new, SG 18/05) The elections for Members of the European Parliament and the participation of European Union citizens in the elections for local authorities shall be regulated by law.

Art. 84 The National Assembly shall:

(...) 5. pass resolution on the holding of a national referendum;

Art. 98 The President of the Republic shall:

1. schedule the elections for a National Assembly and for the bodies of local self-government and shall set the date for national referendums pursuant to a resolution of the National Assembly;

Art. 102 (1) Within the prerogatives vested in him, the President shall issue decrees, addresses and messages.

(2) The President's decrees shall be countersigned by the Prime Minister or the minister concerned.

(3) No countersigning shall be required for decrees pertaining to:

6. the scheduling of an election or referendum;

Art. 136 (1) A municipality shall be the basic administrative territorial unit at the level of which self-government shall be practiced. Citizens shall participate in the government of the municipality both through their elected bodies of local self-government and directly, through a referendum or a general meeting of the populace.