The draft of the new constitution contains very controversial proposals, deviations from basic principles of constitutional law and unmotivated suggestions for changes in democratic instruments. The retreat from constitutionalism is alarming.
This is the position of the Supreme Bar Council on the draft new constitution proposed by GERB. The bar calls on MPs to approach the document wisely, responsibly and with dignity by thoroughly analyzing the document and have a broad discussion of the draft before deciding whether to change the current basic law of the state or design a new one.
"Apart from mistakes and inaccuracies, the draft contains deviations from basic principles of constitutional law and unmotivated proposals for changes in democratic instruments, traditional to the recent history of Bulgaria, whose usefulness and significance has been proven over the years and which are in line with the best European models. The Supreme Bar Council considers the retreat from the achievements of constitutionalism in our country extremely troubling", the position says.
According to senior lawyers, GERB's project "contains highly controversial proposals related to the place and role of fundamental rights in a future new constitutional model, adherence to the principle of separation of powers, the right of legislative initiative, the mechanisms expected to improve the functioning of the judiciary, the way the individual constitutional complaint will be introduced in our country and in particular to the proposed mechanism for amending the new constitution and the basic provisions in it, related to its constitutional identity ”.
Borisov's party consulted with its partners in the ruling majority. It enjoyed principled support, but the Patriots also set conditions. "Our proposal for a Constitution is undergoing a legal and technical correction. The draft we had originally submitted to the National Assembly aimed at having a basis to challenge the other parties for discussion", the chairwoman of the GERB parliamentary group Daniela Daritkova announced.
SMRO will only support GERB if the draft includes their 6 proposals – binding vote, educational attainment, guaranteed rights and citizenship of every ethnic Bulgarian, return to the recruitment service, ensuring the family as a union between a man and a woman, and that the president has the right of legislative initiative and a vote of no confidence.
The adoption of a new constitution initially requires 120 signatures to table the draft. The convening of the Grand National Assembly requires 160 votes. GERB currently collects 116 votes and is due to speak to independent MPs. Most of them are from Volen Siderov's "Attack", which left the coalition "United Patriots"" but supports the government.
