site.btaConstitutional Court Rejects Challenge to PM and Cabinet Election

The Constitutional Court has dismissed an application by 49 members of Parliament challenging the constitutionality of the decision of the legislature to elect a Prime Minister, as well as the structure and composition of the Council of Ministers, adopted on January 16, 2025, according to a statement on the Court’s website.

All constitutional judges participated in the session. The decision was adopted unanimously. The rapporteur for the case was Desislava Atanasova.

On October 3, 2025, Velichie submitted two constitutional complaints, including one challenging the election of the government of Rosen Zhelyazkov as unlawful because the Constitutional Court had ruled that eight MPs who voted for that government had been elected unlawfully, removed them from the National Assembly, and replaced them with others. "Illegal elections that produced an illegal parliament, which in turn produced an illegal government, were harming the country - everyone in the State was being replaced, which was tantamount to a coup," Velichie leader Mihaylov commented back then. Now their application is being dismissed. 

In its reasoning, the Constitutional Court stated that decisions on disputes regarding the lawfulness of the election of a Member of Parliament take effect from the date they are issued, prior to their official publication, and operate prospectively to ensure the validity of acts adopted by the National Assembly and to preserve the legal consequences that have arisen from them.