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The aim of the legal opinions published, is to familiarize the public
with the opinions of the Bulgarian Lawyers for Human Rights Foundation
on different legal issues of crucial social interest.
On one hand, there will be suggested articles, lectures or interviews
of different lawyers, working for our organization on different crucial
questions. At the moment we recommend the article: The
Reform of the Judiciary—One Step Forward, Two Steps Backwards.
Of interest are the four resolutions, prepared by Bulgarian Lawyers
for Human Rights, on cases before the Constitutional Court of the Republic
of Bulgaria. Undoubtedly, the resolutions of this institution are of
great importance not only for the legal sphere, but also for the society
as a whole. In the texts presented we have analyzed the compliance of
the attacked before the court regulations, with the Constitution of
Bulgaria and with the European Convention for Human Rights.
In court ruling on constitutional case (c.c.)
15/2000 we supported the position that article 47 of the
Foreigners in the Republic of Bulgaria Act, contradicts the Constitution
and the Convention, but the court left the attacked provision in force
with six to six votes. We took, in the same line of action, position
on c.c. 01/2001 about
§6 of the Preliminary and Concluding Provisions of the State-owned Property
Act and this time the court approved of our position. On c.c.
02/2001 the court approved
of our position only partially: the Act for Interpretation of Article
47 of the Foreigners in the Republic of Bulgaria Act was ruled out as
unconstitutional. Only on one of the cases did the court agree with
our position, the case on Article 53, §1 of the Election of Parliament
Representatives Act (c.c 12/2001)
on which our Foundation gave opinion that the provision attacked is
constitutional and the court approved of it.
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