„In a state of emergency, the mandate of the current parliament is automatically renewed and no parliamentary elections are held in a state of emergency, martial law or war.“
This was commented by the former constitutional judge and professor of constitutional law Plamen Kirov. He pointed out that there was a difference between an emergency epidemiological situation and a state of emergency and that this was done on purpose.
„An emergency epidemiological situation is declared, measures are tightened by order of the Minister of Health. But it is not published in the State Gazette, it is only uploaded on the website of the ministry and in the opinion of the majority, which amended the Health Act, it is not a normative act.“
Kirov noted that the expert report of the Venice Commission was not at all favorable to the draft Constitution, which was submitted. According to him, the government was looking to quickly complete this topic, “since it is obvious that there will be no early elections, next year will be regular in March-April. If a state of emergency is not declared, because this can be done and the elections in September-October next year can be postponed. And it is possible. The constitution allows it”.
We remind you that yesterday the parliament rejected the proposal to convene the Supreme National Assembly and a new Constitution, after the ruling party failed to collect the required 160 votes.
“Commenting on what is happening in Parliament yesterday, a wise man told me that when something starts as pornography, it always ends as such. I agreed with him. What happened did not surprise me. The main goals were achieved – they were political, not legal and constitutional, namely – to prevent early parliamentary elections, the resignation of the government and the caretaker government of President Rumen Radev. This was achieved”, Kirov commented and added:
“On the same day that the state closes and is declared a „lockdown“ by a government decision and an order of the Minister of Health, it is difficult for me to imagine that if the parliament had decided to convene the Supreme National Assembly, the Prime Minister would resign. He would find a reason not to resign, given the crisis we are entering.”
A Grand National Assembly is still needed, especially given the level of the current parliament, the expert concluded.
