Pregledni rad
PARLIAMENTARY AND JUDICIARY LIABILITY OF THE BULGARIAN MINISTERS IN ACCORDANCE WITH THE TARNOVO CONSTITUTION (1879 - 1947)
Jordanka Geševa
; Institut za povijest, Bugarska akademija znanosti, Sofija, Bugarska
Sažetak
Among the multitude of underlying principles of the first Bulgarian Constitution created in 1879 the most significant ones are the issues of the parliamentary (political) and judiciary (penal, criminal) liability of the ministers. As early as those years it was assumed that the activity of the members of the supreme executive power must be observed and controlled by the head-of-state who was responsible for their assigning and dismissing as well as by the people’s delegation whose opinion they were obliged to take into consideration when fulfilling their duties. The lawmakers’ aim was to show the interconnection between executive power and Parliament; to guarantee that for each infringement of the law, regardless of its nature, the responsible minister or Cabinet would be passed censure (the Parliament would demand their resignation), would be held politically accountable or would be brought to court.
In around 45 years in Bulgaria on constitutional grounds four lawsuits against ministers were filed, and eight parliamentary committees for seeking responsibility from the state governance were established. It is on their basis
that the proceedings on bringing in indictment against the ministers were started. In accordance with the Constitution and the special legislation for law infringement the ministers are subject to legal proceedings at a special State Court, not at the common courts. The State Court has been summoned three times in Bulgaria. Twice it passed a penal sentence, and on the third occasion its work was stopped due to irregularity of judicial proceedings. The fourth and last time it started preparations for summoning, but certain political events and change of legislation impeded its start. The mere fact that in some twenty years the State Court was summoned thrice and a fourth one was on the way shows that the rulers are not inclined to learn from their mistakes or from the heights of power they believe that punishment will never reach them.
Ključne riječi
Bulgaria; Tarnovo Constitution; Parliament; Ministers
Hrčak ID:
48004
URI
Datum izdavanja:
26.7.2009.
Posjeta: 1.428 *