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We are not in a constitutional crisis yet, but we are in a constitutional dilemma, Professor Plamen Kirov, a professor of constitutional law, said in an interview with Dir.bg. He said that the only way out in the current situation is to continue with the current caretaker government “Glavchev” after the president’s refusal to issue the decree of the “Kozhareva” cabinet, and Rumen Radev would not even have to reappoint him. . The constitutionalist also commented that at the moment the president is not violating the constitution, because it is his right to refuse to issue decrees. Professor Kirov said that this violation of the president’s rule is only his refusal to schedule a date for early elections. The professor does not rule out the possibility of postponing the vote until November 5 – when the country will also vote. For the constitutional trap we are in, he called on the leader of “Yes, Bulgaria” Hristo Ivanov and “the group around him” to resign and take responsibility.
– Professor Kirov, is it too much to say that we are entering a constitutional crisis?
– In my opinion, we are not yet in a constitutional crisis, although it could happen. Let’s put it this way – we are in a constitutional dilemma. We warned /nr. – constitutionalists/ even when voting on the text of the Law on Amendments and Additions to the Constitution. In an extreme case, the amendments themselves could lead to an impasse, i.e., it would not be possible to appoint a provisional government under the new provisions. It looks like we are about to get there. Of course, there are ways to resolve this matter as well.
——So, what is the way out of this situation?
– The way out is for the old caretaker government led by Dimitar Glavchev and, of course, the old caretaker Interior Minister Kalin Stoyanov to continue to perform its functions, since a new caretaker government cannot be appointed. And to participate in early elections together with the old caretaker government.
– Should the current government be reappointed?
– No, even if the caretaker government is not reappointed, it will continue to perform its functions, because the state cannot do without the executive power. Of course, with the consent of Dimitar Glavtchev, the President can, because he withdrew his candidacy for the new acting prime minister, but he can reconsider. He is a responsible person and can at a certain moment, depending on the situation, say – “I withdraw my decision to refuse to run for the new acting prime minister”. This is possible. But I want to emphasize that the impossibility of appointing a new caretaker government does not mean that early parliamentary elections can be postponed indefinitely. There is no such assumption in the Constitution. If the President refuses to hold early elections, he is in danger.
——He did not refuse the arrangement, but postponed it in time to after October 20th.
– After October 20, this is understandable. After all, November 5 is the US election, and as we all know, all values come from across the Atlantic, whether political or other, so we will wait and see what happens with the bosses, and then we will hold the election.
– What else will happen, since Karin Stoyanov remains in the Ministry of Internal Affairs and refuses to sign the decree – the fact that the President concretizes it into the interim government, the result of which is what you have drawn – to continue in the current interim government cabinet?
– That’s how it is. This is the only constitutional point that emerges in this hypothesis. There is no way to get rid of Karin Stoyanov. Karin Stoyanov is now the Minister of Internal Affairs. This is the situation.
– Can only Prime Minister Glavchev decide to remove it?
– that’s right.
– The president also made a specific call to parliament – asking MPs to fill vacancies in the ten positions listed in the constitution as potential candidates for acting prime minister. Does Rumen Radev not have 10 names to choose from, a violation of the Basic Law?
– What can we do with this parliament that does not want to elect the Ombudsman and the Deputy Ombudsman? Put them in camps, what? We can’t do anything. The parliament has not appointed a constitutional judge for two and a half years, which has caused problems with the composition of the Constitutional Court. How can the president imagine that they will come together and immediately elect an Ombudsman, a Deputy Ombudsman, a new Deputy Chairman of the Audit Chamber, etc. How can this happen when the parliament cannot form a government and has tried three times in a row? ! So how can the Ombudsman and the Deputy Ombudsman broadcast with the same majority? ! Obviously, this is impossible.
– So the only way out is to appoint the current caretaker government?
– Even if he does not appoint him, the current government remains in power and will continue to perform its functions until the 51st Bulgarian Parliament is replaced by new officials or a government elected by the parliament.
– When is the earliest we can escape from this constitutional trap which has deepened after the recent changes?
– You should ask Hristo Ivanov and the group of great thinkers around him.
– Do you think that the next National Assembly will further amend the Constitution and the new composition of the soon-to-be-formed Constitutional Court?
– Just talking to me about changes in the Constitution gives me chills. They better not touch anything else, because illiterate people shouldn’t touch the Constitution. Because things like what we are commenting on today do happen.
——I don’t mean new changes, but a return to the old text in the Basic Law.
– See more or less what the composition of the next parliament will be based on sociological predictions, it is better not to touch this direction. They will do nothing.
– Is any party in the “serving the government” case currently violating the constitution? Because today the police came out to protest in front of the presidential palace again. Can this be blamed on the president?
– In Bulgaria, anyone can protest against anything, as you can see, as long as they obey the law. Otherwise, the president is not violating the constitution, because he appointed the caretaker government by decree, so he can refuse. The problem is what comes out of this. In my opinion, we have to find some sense, we have to get out of this situation properly, because without a new caretaker government, we will be in a deadlock. But the old one can function, and elections can be held with it.
——So the only change after today is that Radev officially exempted himself from future responsibilities for this official position?
– Well, they all absolved themselves of responsibility for this cabinet. I expect only Hristo Ivanov to take over.
– He has retired from politics.
– He may have retired, but he cannot escape responsibility for what he did before retirement.
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