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Rumen Radev
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Due to the dropped case, the Constitutional Court must reject the request of the group of MPs from the 46th National Assembly against the presidential decree on the appointment of Kiril Petkov as a minister in the first caretaker government, and the initiated proceedings to be terminated. In case the Constitutional Court considers the case on the merits, the request shall be rejected as unfounded. This is what President Rumen Radev said in a statement to the Court in the case of our citizen about the citizenship of Kiril Petrov. The case was initiated at the request of 55 deputies from GEPB, claiming that the court should declare partial anti-constitutionality on the order of the head of state due to the dual citizenship of the then state.
“The fact is that the” first “caretaker government in question does not exist, and thus the subject of the case is exhausted and the eventual decision on the merits is dropped,” the head of state said. He referred to the case-law of the Constitutional Court, according to which “the consequences of the act subject to constitutional review must exist at the time of the ruling”.
Radev motivates the view that the request should be rejected as inadmissible “due to dropping the subject of the case”.
“At the time of issuing the decree, the candidate for minister Kiril Petkov Petkov has submitted a written declaration that he meets the requirements of Art. 110 of the Constitution, including that there is no other citizenship than the Bulgarian one. As a body to which the Constitution has given the power to appoint a caretaker government and to determine its composition, I have taken the necessary constitutional care the requirement of Art. 110 of the Constitution to be observed. I believe that in this case the establishment of the negative fact and its proof in another way would exceed the limits of my constitutional powers, as well as those of the current proceedings, initiated within the control exercised by the Constitutional Court, “said Rumen Radev.
In the request to the Constitutional Court, the deputies of GEPB consider that the Constitution explicitly places a negative requirement on the candidates, ie the titles for higher state duties.
Regarding the dispute, Kiril Petrov announced that he had filed a waiver of his Canadian citizenship before the decree was issued. He promised that he had acquired his second citizenship when he emigrated with his children to Canada at the age of 14, and that he had renounced it for a while.
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