site.btaConstitutional Court to Determine Constitutionality of Counter-Corruption Commission Election Procedure

At a meeting on Tuesday, the Constitutional Court decided unanimously to review on principle a request by 49 MPs that the Court determine the constitutionality of two articles of the Counter-Corruption Act, as amended by Parliament on July 10, and the rules of procedure of the Counter-Corruption Commission (CCC) nomination board, adopted by the National Assembly on July 11.

All Constitutional Court judges attended the meeting. 

The legislation in question was referred to the Constitutional Court by MPs of Velichie with support from MECh and Vazrazhdane on October 3. They consider unconstitutional the Counter-Corruption Act amendments that set up a nomination board to consider reasoned nominations for CCC members and select the eligible candidates. Under the revisions, the candidates are then elected by Parliament with simple majority.

According to Velichie, MECh, and Vazrazhdane, the creation of a nomination board with members proposed by the Justice Ministry, the Supreme Cassation Court, the Supreme Bar Council, the National Ombudsman, and the National Audit Office, means inadmissible transfer of Constitution-given powers to the National Assembly.