Критериите за ограничаване на човешките права в практиката на българския Конституционен съд
Criteria for Restricting Human Rights in the Practice of the Bulgarian Constitutional Court

Summary/Abstract: The article studies the criteria for human rights restrictions in the way they are stated in the Constitutional court’s practice in conformity with their constitutionally fixed content and internationally recognized standards for regulation of the fundamental human rights. The accent is stressed on the personal and political rights and freedoms. The author explores the Constitution as determinative for the general legal framework of restricting human rights, speaking of the interests, whose protection may necessitate a given limitation — i.e. other constitutional rights and values whose protection is primary. In most cases the criterion for protection is the public interest. The common value in defence of which the Constitution permits limitation of almost all fundamental rights is other citizens’ rights and freedoms. The court’s practice in this area is studied consecutively for the separate rights and within the range of competences that the Constitutional court exercises. The latter is analyzed as a guarantee for lawfulness of the fundamental human rights restrictions in the rule-of-law state.

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