Прилагането на конвенциите на Международната организация на труда в практиката на Конституционния съд на Република България
The Application of the Conventions of the International Labour Organisation in the Practice of the Constitutional Court of the Republic of Bulgaria

Summary/Abstract: The Constitutional Court (CC) has had the opportunity to apply ILO Conventions in connection with the exercise of two of its constitutional powers – when ruling upon a request for the ascertainment of unconstitutionality of an Act and when ruling upon the consistency of an Act with the generally accepted norms of the international law and the international treaties to which Bulgaria is a signatory party. It is before the CC that provisions of Acts – that are either labour or social security ones by their legal nature – have been challenged as unconstitutional, and respectively, as inconsistent with the provisions of the ILO Conventions. In certain cases, the CC has applied the ILO Conventions where Acts of other nature were challenged but the specific legal provisions concerned the exercise of basic socio-economic rights (labour and social security ones). In cases of a request for declaring a legal provision unconstitutional, those filing the request often ground it not only on a conflict with a specific constitutional norm – they also draw arguments from international instruments, in this case from ILO Conventions, even though the matter in issue in the constitutional case might not involve a request for ruling upon the consistency of the challenged legal provisions with the generally accepted norms of the international law or the international treaties. The exposition follows chronologically those CC decisions which concern the application of ILO Conventions or the invocation thereof. On the grounds of the analysis, the respective legal conclusions are drawn.

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