Attorney General Ivan Geshev has sent to the Constitutional Court (CC) a request for a mandatory interpretation of Art. 103 of the Constitution of Bulgaria – a rule relating to the immunity of the President and Vice President of the country. According to the head of the state prosecution, the disclosure of the meaning of this provision is necessary since the "rule is concise" and "does not give a clear answer" to the question posed.
Under the basic law, the President and the Vice President are not responsible for actions performed in the implementation of their functions, except for high treason and violation of the Constitution. The charge against them is raised on the proposal of at least a quarter of the MPs and is supported by the National Assembly if more than two-thirds of the MPs have voted in favor.
The constitutional court considers it within one month. If it is established that the President or Vice President has committed treason or violated the Constitution, their powers shall be terminated. They cannot be detained or prosecuted.
However, according to the Attorney General, the content and the meaning of the concepts of "high treason" and "violation of the Constitution" must be interpreted and disclosed to avoid contradictory application of this legal regulation and the occurrence of adverse effects on the national legislative system.
In his request Geshev also insists the Constitutional Court explain whether it is lawful to carry out inspections and issue criminal proceedings against the President and the Vice President if, in the course of their activities, after taking office, the competent authorities prove that there is evidence of a crime committed by them.
On Geshev's request Constitutional Court opens a case for interpretation of the issue of prosecuting the president
The Constitutional Court has initiated a case at the request of the Prosecutor General Ivan Geshev for a mandatory interpretation of the provision of Art. 103 of the Constitution of the Republic of Bulgaria. This is stated in a message on the court's website.
The rapporteur for the constitutional case is Judge Mariana Karagyozova-Finkova, the Constitutional Court also said.
