Присъединяването на Република България към Европейския съюз и въпросът за промяна на Конституцията
Accession of the Republic of Bulgaria to the European Union and the Amendment to the Constitution

Summary/Abstract: The accession of Bulgaria to the EU raises the question about the power of the National Assembly to confer competences established by the Bulgarian Constitution to the European Communities and the European Union. According to the constitutional practice of other countries after 1992 such conferring would better be done after an amendment to the Constitution. The author proposes a text like the norms in the constitutions of Spain and Netherlands. According to the proposed text “The international treaties which confer competences established in the Constitution to international organizations (or the European Communities and the European Union) and their institutions shall be ratified with no less than two-thirds of the votes of all Members of the National Assembly”. The amendment combined with art. 5.4 of the Constitution can assure the primacy and the direct effect of the European laws over Bulgarian laws. Of course this amendment does not exclude other discrepancies between the Constitution and the European law which must be removed.

• Details
• Contents