site.btaDozens of Law Professors Appeal Against Proposed Euro Referendum

Dozens of professors from the law faculties of St. Kliment Ohridski University of Sofia, New Bulgarian University, Paisii Hilendarski University of Plovdiv, and St. Cyril and St. Methodius University of Veliko Tarnovo, came up with a position on Sunday, appealing against Rumen Radev’s proposal to Parliament to hold a national referendum on the euro adoption in Bulgaria. According to the legal experts, the attempt to place Parliament in a position to convene an unconstitutional referendum represents an act, whether intentional or not, that aims to suspend the Bulgarian Constitution and drag the country decades backwards, erasing the achievements in its societal and legal development since 1989.

The legal scholars’ position was published on their Facebook profiles, with signatories including Assistant Professor Dr. Borislav Ganchev of Sofia University’s Faculty of Law and former deputy justice ministry, as well as his colleagues at Sofia University, Associate Professors Dr. Boriana Musseva, Dr. Vasil Pandov, and Dr. Hristo Hristov. As of 7 p.m. on Sunday, May 11, the document had been signed by a total of 40 professors, associate professors, PhDs, senior assistants, among others.

The legal academics voice their "deep concern" and warn of the danger that Parliament could be pushed to convene a national referendum in violation of the Constitution and Bulgaria’s commitments as a member of the European Union.

The signatories recall a Constitutional Court decision on a similar proposed referendum. "In light of Decision No. 3 of February 8, 2024, in Constitutional Case No. 13/2023 of the Constitutional Court of the Republic of Bulgaria, convening such a referendum would represent a breach of the Constitution. It is legally unfounded for the President of the Republic to propose to the Bulgarian Parliament to disregard the country’s constitutional framework and its obligations as an EU member," the legal experts say.

Such an act undermines trust between Bulgaria and its EU partners, damages the country’s international standing, and, most critically, casts doubt on the constitutional foundations of the Bulgarian democratic state and the principle of the rule of law, which is fundamental to Bulgaria’s legal order, the position further reads.

"Democracy is a complete model for organizing society, public authority, and law. This model guarantees governance based on the will and rights of citizens, expressed and protected through the forms established by the Constitution," the signatories add.

The authors of the appeal call on the professional legal community in Bulgaria to take a firm stance in support of the rule of law and the development of Bulgaria as a democratic European state in accordance with its Constitution and international obligations. They also urge the National Assembly not to violate the Constitution or jeopardize Bulgaria’s place in the European Union.