Constitutional Court: Speaker of Parliament Cannot Stop Referendum

The Constitutional Court ruled: The Speaker of the National Assembly cannot block a referendum

Sofia – The Speaker of the National Assembly does not have the authority to reject proposals for holding a national referendum, the Constitutional Court (CC) decided. The decision comes after a long discussion of a case concerning a request by the President for a referendum on a key issue.

The court categorically stated that the Speaker of Parliament cannot assess the requirements established by law for the admissibility of a national referendum, as the authority for this belongs entirely to the National Assembly, in accordance with the Constitution.

The decision was made after consideration of the President's request for a referendum on the euro, which was not allowed by the then Speaker of Parliament. All constitutional judges took part in the meeting, voting with a majority of 11:1 votes. The decision is signed with a dissenting opinion by one of the judges.

The CC emphasizes that the basic law defines the people as the sole source of state power. This power is exercised directly by it or through the bodies provided for in the Constitution. Accordingly, no member of parliament, and in particular the Speaker of the National Assembly, can exercise unilateral power on matters that are assigned to the collective body elected by the voters.

According to the CC, the exclusive authority of the National Assembly to decide on holding a national referendum implies its exclusive competence to assess all legal requirements for the admissibility of such a referendum. This assessment is considered a matter not just of procedure, but of constitutional competence.

The constitutional judges note that, unlike the acts of the National Assembly, subject to control for constitutionality, the unilateral acts of its Speaker are excluded from this control. The issuance of a unilateral act by the Speaker of Parliament, which prevents the exercise of the exclusive constitutional competence of the representative institution, is inadmissible, because in practice it circumvents the established procedure for control over the acts of the National Assembly.

As a result, the possibility of verifying compliance with the principles and provisions of the Constitution is frustrated, which risks calling into question and depriving of its content its supremacy in the exercise of state power, the CC writes in its decision.

This decision was reached after the President attempted to initiate a national referendum on an important issue.

On a certain date, the head of state proposed to hold a national referendum. Citizens were to answer a question regarding the introduction of the euro.

The proposal was submitted to the National Assembly, which alone can decide on holding a national referendum. The Speaker of Parliament, however, did not allow the proposal for consideration, citing non-compliance with the rules set out in the law and the Constitution.

In practice, according to the decision of the Constitutional Court, the Speaker was obliged to submit the proposal for a referendum for voting in the Plenary Hall.

The question remains open: What personal responsibility will the former Speaker bear for the decision taken?