Служебното правителство и президентските правомощия за преодоляване на парламентарна криза
The Caretaker Government and Presidential Powers for Overcoming a Parliamentary Crisis

Summary/Abstract: The article presents some aspects of the institution of the caretaker government, considered in relation to the power of the president when parliamentary groups are unable to comprise a majority government. The aim is to examine and subject to justifi ed criticism, the jurisprudence of the Constitutional Court on the question of the nature and functions of the caretaker government. At the same time, no evaluation of a constitutional provision is given, but only the need to apply the Constitution as it is (without going beyond the established political flexibility of the toolkit of constitutional powers) is expressed. In this sense, the position maintained is that the possible disapproval of the outlined situation should lead to a considered and moderate constitutional revision according to the established order, and not to a wrong interpretation or to neglecting the existing jurisprudence. The starting point of the study is the attempt to express the philosophy embedded in the procedure under Art. 99 of the Constitution. In light of the stabilizing role of the Presidential institution, special attention is paid to the provisional powers of the head of the state in cases of “parliamentary dissonance” when a cabinet is formed. The expedient application of Art. 99 and the formation of a caretaker government will inevitably require the consideration of unorthodox ideas about (1) the role of the president as a subsidiary source of legitimacy for the executive power; (2) the delayed dissolution of the National Assembly; (3) the apocryphal semi-presidential phase of government in the hybrid Bulgarian parliamentary republic, and (4) parliamentary control in these conditions to ensure the democratic processes in the country, in accordance with the principles and proportions of power, laid down in the basic law. Relevant proposals are made de lege ferenda, in order to maintain the balance of powers and to ensure a democratic government.

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