We fit for elections, but we do not fit for referendums
published on 09 November 2006 On one of its sessions the Civil Society Commission in the National Assembly has rejected the proposal 300 000 of the Bulgarian citizens to have the right for initiating referendums. The ruling circles and the opposition are together against giving a real power to the Bulgarian electorate.
According to the proposal the right to initiate national referendum will be given to 300 000 Bulgarian citizens and the decision for calling a referendum will be taken by the Parliament.
The proposal was made by the independent Mincho Hristov and Stela Bankova. Under the current Act the conduct of a national referendum may be proposed to the National Assembly by not less than one-fourth of the total number of national representatives, the Council of Ministers and the President of the Republic. The people are not allowed to initiate national referendum. The issues which shall be decided by means of referral to the people shall not be subject to succeeding approval or endorsement, save as otherwise provided by statute. Hristov and Bankova proposed to decline the condition given in the last part of the previous sentence, otherwise referendums will make no sense.
The ruling circles can think of amending the Article 5 of the Referral to the People Act, for example. There is written the following: the citizens may not decide through a national referendum issues pertaining to an amendment to the Constitution; issues lying with the competence of the Grand National Assembly; issues pertaining to the state budget and taxation; issues lying within the competence of the judicial authorities; issues lying with the competence of the Constitutional Court; any other issues whereof the decision requires a special procedure established by statute.
If this article is amended and there may be decided through a referendum issues lying within the competence of the Constitutional Court and the Grand National Assembly, this will be an instrument by which the ruling will be able not to comply with the retrograded court.
It is clear that almost 90% of the citizens will support the establishment of any form of controlling the court system in Bulgaria. Furthermore, people in Bulgaria are the sovereign, not the Constitutional Court. It is also cheaper to call a referendum than to make elections for a Grand National Assembly and after that it will be paid by the treasury at least for several months. However at this moment there is no reason to think that the political elite is liable to do so.
According to the proposal the right to initiate national referendum will be given to 300 000 Bulgarian citizens and the decision for calling a referendum will be taken by the Parliament.
The proposal was made by the independent Mincho Hristov and Stela Bankova. Under the current Act the conduct of a national referendum may be proposed to the National Assembly by not less than one-fourth of the total number of national representatives, the Council of Ministers and the President of the Republic. The people are not allowed to initiate national referendum. The issues which shall be decided by means of referral to the people shall not be subject to succeeding approval or endorsement, save as otherwise provided by statute. Hristov and Bankova proposed to decline the condition given in the last part of the previous sentence, otherwise referendums will make no sense.
The ruling circles can think of amending the Article 5 of the Referral to the People Act, for example. There is written the following: the citizens may not decide through a national referendum issues pertaining to an amendment to the Constitution; issues lying with the competence of the Grand National Assembly; issues pertaining to the state budget and taxation; issues lying within the competence of the judicial authorities; issues lying with the competence of the Constitutional Court; any other issues whereof the decision requires a special procedure established by statute.
If this article is amended and there may be decided through a referendum issues lying within the competence of the Constitutional Court and the Grand National Assembly, this will be an instrument by which the ruling will be able not to comply with the retrograded court.
It is clear that almost 90% of the citizens will support the establishment of any form of controlling the court system in Bulgaria. Furthermore, people in Bulgaria are the sovereign, not the Constitutional Court. It is also cheaper to call a referendum than to make elections for a Grand National Assembly and after that it will be paid by the treasury at least for several months. However at this moment there is no reason to think that the political elite is liable to do so.
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