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From the beginning, I publicly stated that with this process of drafting a new constitution, GERB is committing atrocities and absurdities and that is why no one has invited me as an expert, Professor Plamen Kirov said in an interview with Valeria Veleva.
– The chairman of the temporary commission for a new constitution, GERB deputy, Desislava Atanasova, today asked experts from all scientific units to join the commission’s expert council. She even appealed to the parties that refused to join the commission: BSP and MRF. You are a former constitutional judge, Professor Kirov, do you have an invitation to participate in the discussion?
– No, I am not invited, I am an enemy of the people!
– Are you kidding!
– I’m seriously! From the beginning I said publicly that with this process of drafting a new constitution, the GERB is committing atrocities and absurdities, and that is why no one has invited me as an expert. Why ask me if you know my opinion? However, there is a rational element in their behavior: we do not invite enemies! Also, this is a draft Constitution of Mareshki.
– Why?
– Without your votes, this project would not have been presented at all.
– So who will go to the expert council of this commission?
– Probably Georgi Bliznashki. (BA professor Bliznashki told Epicenter.bg that he was not invited by the Commission either. And that he will not go, even if they decide to invite him.)
“And if they invite you, will you go?”
– This commission has been wrong since its inception. I have before me the decision by which the majority of parliament votes in favor; it is written that this commission must examine a draft constitution of the Republic of Bulgaria. In the second point of the decision, however, it is said that the commission discusses and analyzes the draft Constitution of the Republic of Bulgaria and proposes specific proposals for changes to it. This is unacceptable! This part of the decision contradicts the Constitution, because the project, as presented to the National Assembly, is considered untouched. This is a constitutional requirement.
This means that no proposals can be made for inclusion in this initial draft, which has already been signed by 127 parliamentarians and presented to the office. From now on, the parliament can only decide whether to convene a Grand National Assembly or not. I emphasize that this parliament cannot debate and amend the already tabled text of a draft new Constitution signed by Mareshki.
– Are you sure, prof. Kirov?
– It’s like asking a cardiac surgeon which side of the body the heart is on! One more thing: the decision says that the commission consists of 18 members and elects 10 because the two systemic parties, BSP and MRF, refused to nominate representatives for the commission. So, at this point, the commission is in contradiction with the decision of the National Assembly to establish it.
– So this commission violates the Basic Law. What will he do?
– In the part in which it is said that it will propose concrete proposals for changes in the draft Constitution – yes, these words of the decision contradict the Constitution. The commission is made up of 5 attorneys, as many as they could muster, none of whom is at least a doctor of law. I am not saying they are weak lawyers, but there is no one who deals with legal theory. After the other five, there are two engineers, a political scientist, Toma Bikov, a manager, Elena Pesheva, whatever the manager is, and Boris Yachev, who is an economist. What you are telling me today that Desislava Atanasova is calling in experts means that they are simply desperate because they cannot attract any decent and wealthy constitutionalist to be an expert on this commission. I warn you: all this commission, as it was intended, is not violence against the law, against common sense, but against reason in general! But, as they say, we shouldn’t get mad at them, they can!
– What is the opinion of your colleagues?
– Petar Slavov stated that this draft constitution cannot be changed.
– And what can this commission do after all?
– This commission will be able to meet with unions, NGOs, simulate activities with political scientists and sociologists, will be able to listen to the opinions of judges and prosecutors, if they invite people who understand the theory of law, constitutional law, it will be Good and finally summarize the opinions in a report. This report must be presented to the National Assembly before voting on the decision to convene or not a Grand National Assembly. This is the meaning of such a commission. But there are no amendments to the draft constitution already presented. These deputies confuse the ordinary legislative process, when, once a bill is approved in first reading, modifications can be made between the first and second reading to the proposals of the deputies. In this case, with the Mareshki constitution, this is impossible! They are totally confused!
“Then the commission will go from empty to empty!”
– Well, yes, this is generally what the commission for the constitution of Mareshki will do.
Sofia, Bulgaria
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