Процесуалноправни аспекти на производството по проверка законността на избори пред Конституционния съд
Procedural Aspects of the Proceedings under Verification of the Legality of Elections before the Constitutional Court

Author(s): Radoslava Yankulova
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, EU-Legislation
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: constitutional law; elections; legality; constitutional court; Republic of Bulgaria
Summary/Abstract: In the Constitutional law, elections belong to the fundamental mechanisms and means of representative democracy – representative bodies replace their composition in the order of predetermined, periodically held elections; in this way, representative bodies legitimize their own functioning. Any defect in the electoral process has serious consequences. In almost every legal system, the need to establish mechanisms to verify the legitimacy of elections that have just been produced has been recognized, and different approaches have been observed in comparative terms. According to the prevailing European practice, the courts, whether constitutional or supreme, are competent to rule definitively on disputes about the legality of elections. The prevailing approach is to entrust the review to the Constitutional Courts. The Republic of Bulgaria belongs to the countries which entrust the verification of the legality of elections to different courts depending on the level at which the election in question was made.

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