The Venice Commission ruled on the draft of a new constitution – Tribunal y Fiscalía



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The Venice Commission of the Council of Europe regretted that proposals for constitutional changes in Bulgaria were made by the ruling majority without prior debate in society. This is stated in a Commission statement, prepared at the request of the Bulgarian authorities.

Experts call for the new Constitution to include a mechanism for the temporary removal of the chief prosecutor in the event of a possible conflict of interest.

The Council of Europe believes that the draft new constitution does not guarantee an independent investigation by the Attorney General

The Venice Commission welcomes the decision of the Bulgarian authorities to request its opinion at such an early stage. However, the lack of public debate is concerning.

“Changes to the Constitution should not be made hastily, but only after extensive, open and free public discussions involving various political forces, non-governmental organizations and citizens’ associations, academia and the media,” the statement said.

The Bulgarian authorities are also expected to clarify the reasons for each proposed amendment. According to them, for example, the new number of deputies seems to have been taken at random. The amendments provide for a reduction of the deputies from 240 to 120. Experts find it unusual to have a text in the Constitution that indicates that the state “will take special care to promote the birth rate.” According to them, such a text could lead to discrimination.

The separation of the Supreme Council of the Judiciary was valued as positive, but criticism about the responsibility of the Attorney General continued.

“The Venice Commission urges the Bulgarian authorities to include in the Constitution a mechanism whereby, in the event of a potential conflict of interest, the Attorney General is suspended and an independent interim prosecutor is appointed accountable to a body other than the Fiscal Council. Investigation of the case, “the statement said.

The Venice Commission expresses its willingness to continue helping the Bulgarian authorities if the constitutional reform process continues.



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