Кръгла маса “Конституционната жалба и закрилата на конституционните права”
Round table “Constitutional complaint and the protection of constitutional rights”

Summary/Abstract: On the 24th of September, 2013 at the Bulgarian Academy of Science took place a round table "Constitutional complaint and the protection of constitutional rights". Scholars and PhD students from the Institute for the State and Law, lecturers from the Law Faculties of Plovdiv University "Paisii Hilendarski" and Sofia University "St. Kliment Ohridski" and representatives of state institutions participated in the event. The round table was moderated by Prof. Tsvetana Kamenova, PhD - director of the Institute for the State and Law. The first report was presented by Prof. Emilia Drumeva, PhD. Prof. Drumeva emphasized that the protection of fundamental rights is the main objective of the constitutional state. Within the European constitutional tradition there is a special court with the task of ensuring the supremacy of the Basic law and the rights guaranteed by it. For a first time in the Bulgarian constitutional history the current Constitution of Republic of Bulgaria established along with the President, the Parliament and the Government, a new state organ-Constitutional court as a supreme jurisdiction for protection of the constitutional values. Prof. Drumeva outlined the scope of judicial review exercised by the Bulgarian Constitutional Court where the active legitimation to access the court belongs solely to public organs. Therefore the constitutional justice in Bulgaria is part of those systems that do not regulate the institute of constitutional complaint. It was also reminded that the emphasis of the Bulgarian judicial review is put on legislative power: the abstract norm control of laws and other parliamentary acts and the verification of laws for their compliance with the Constitution, are all means for control over the legislator. Finally, Prof. Drumeva expressed her view of the model of constitutional complaint which is appropriate for the Bulgarian system of judicial review. The second report was presented by Radoslava Yankulova-PhD student at the Institute for the State and Law, who made a comparative analysis of the existing models of constitutional complaint in Germany, Austria and Spain and in two Latin American countries: Venezuela and Mexico. The third speaker was Prof Pencho Penev, PhD, who put the emphasis on his understanding about what scope of the future constitutional complaint in Bulgaria should be. The presentation of the above-mentioned reports triggered a fruitful discussion between the participants at the Round table.

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