Bulgarian President Refers 'Peevski' Case to Constitutional Court
Bulgaria's President has asked the Constitutional Court to annul the decision of Parliament cancelling the appointment of Delyan Peevski as security agency head.
On June 19, 2013, Bulgaria's Parliament adopted a decision revoking the appointment of Peevski as Chair of the State Agency for National Security (DANS) approved on June 14, 2013.
Rosen Plevneliev, as cited by the President's press office, insisted that the decision adopted by Parliament on June 19 contradicted basic principles of the Constitution.
"The Constitution and the laws of the country stipulate terms in office for public bodies, through which they create a protective mechanism of democracy," Plevneliev declares.
"The term in office of a public body cannot be terminated pre-term on the basis of a subjective decision. Premature termination of the term of office can only be resorted to in the cases listed in a law or in the Constitution. There were no such grounds in that case," Bulgaria's head of state noted.
The President also asked KS to come up with a mandatory interpretation on the issue of the exact point in time when the powers of an MP were terminated when the MP had been elected by Parliament to assume another public office and had already taken an oath of office.
Plevneliev claimed that the only decision of KS which would be true to the spirit of the Constitution would provide that the decision of Parliament through which the Parliament appointed an MP to another public office, taking into account that there is a statement of the MP on this, is the grounds for terminating their term in office as MP.
On October 8, 2013, Bulgaria's Constitutional Court decided that Peevski should keep his MP post.
The appointment of Peevski, a lawmaker and shady media tycoon, as Chair of the State Agency for National Security (DANS) on June 14 triggered mass protests in Bulgaria, ongoing for nearly four months now.
The cancelled appointment brought up the question of whether Peevski could return to his previous post of MP from liberal party Movement for Rights and Freedoms.
Center-right party GERB initiated a lawsuit, insisting that Peevski could not retain the capacity of MP because he had been sworn in as DANS Chair.
However, DPS argued that Peevski had not assumed office and had not had the opportunity to start fulfilling his duties and was therefore still considered an MP of the party.
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