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ACTS Post opinions with a wide range of perspectives to encourage constructive discussion.
On Monday, President Rumen Radev showed that he did not like to read the Constitution and the Electoral Code by setting the date of the elections.
Parliamentary elections will be held on March 28, 2021.
This was announced by President Rumen Radev.
“The elections must be held on time, with machines delivered and authorized and with all measures to guarantee the right to vote of all Bulgarians,” announced the head of state.
Thus, Rumen Radev showed that he did not know some basic provisions about the electoral process in Bulgaria. Art. 1. par. 1 of the Constitution states that Bulgaria is a republic with parliamentary government. The term of the current parliament expires on March 23. At the same time, art. 175 of the Electoral Code establishes that the electoral campaign begins 30 days before the day of the elections.
The March 28 vote for the next parliament shows that the parties represented in parliament will have an advantage in the campaign. For this reason, the legislator has foreseen that the elections be scheduled by the President within 60 days after the expiration of the mandate of the National Assembly. This guarantees an equal start for all entities that will participate in the elections: parties, coalitions, initiative committees and others.
This is the spirit of art. 11. para. 1, which indicates that “political life in the Republic of Bulgaria is based on the principle of political pluralism”.
For this reason, Rumen Radev must make it clear
how political pluralism and equality will be guaranteed in the electoral campaign of a functioning parliament.
Bulgaria is a parliamentary republic and the National Assembly can dissolve itself, but not dissolve. The second option is inherent in countries with authoritarian forms of government and a lack of democratic practices.
The Constitution itself indicates that within the period provided for in art. 64, para. 3. The act by which the President dissolves the National Assembly will also determine the date of the elections for a new National Assembly. The election date must include the possibility of a 30-day election campaign.
According to Interpretative Judgment no. 5 of 2001 of the Constitutional Court, the mandate of Parliament begins on Election Day, that is, March 26, 2017 and lasts until March 26, 2021.
After the expiration of the mandate of the current National Assembly on March 26, 2021, it was dissolved because its mandate had expired.
Only then does the president set a date of up to two months for the election.
Given the provisions of the Constitution and the Electoral Law,
There is no possibility of elections on March 28, 2021.
The earliest date is April 25. May 2 is Easter. May 6 is Saint George’s Day.
If the elections are not scheduled for April 25, the next date is May 16, 2021.
President Rumen Radev would do well to read the Constitution and the Electoral Code.
Unless he started working to provoke a parliamentary crisis and dissolve parliament in February so that elections could take place on March 28.
Bulgaria
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