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BULGARIA
Narodno sabranie (National Assembly)
PARLIAMENTARY OVERSIGHT

Compare data for parliamentary chambers in the Oversight module

Chapters:

Parliament name (generic / translated) Narodno sabranie / National Assembly
Structure of parliament Unicameral
POLITICAL SYSTEM
Type of political regime parliamentary
Notes The President of the Republic is the Head of State. He personifies the nation's unity and represents the country in its international relations (Article 92 of the Constitution). The President is assisted in his duties by a Vice-President.
Head of the executive Prime Minister
Notes The Prime Minister heads, coordinates, and bears responsibility for the overall policy of the Government. He appoints and dismisses the deputy ministers (Article 108, paragraph 2 of the Constitution).
Method for appointing the executive The President is elected directly by the voters and is eligible for one re-election only. Following consultations with parliament, the President appoints the Prime Minister nominated by the party with the highest number of seats in the National Assembly to form a government (Article 99 of the Constitution). Should consultations prove successful, the President asks the National Assembly to elect the candidate for Prime Minister.
Term of office of the executive and coincidence with the term of the legislature The President is elected for a period of five years (Article 93 of the Constitution). His mandate does not coincide with the term of the National Assembly, which is four years.
Incompatibility of the functions of member of the executive and member of Parliament Yes A member of the National Assembly must not occupy any another state post, nor engage in any other activity the law defines as incompatible with the status of a member of the National Assembly (Article 68, paragraph 2 of the Constitution). A member of the National Assembly appointed as a minister ceases to serve as a member during his term of office as a minister. During that period, he is substituted in the National Assembly.
Dissolution of Parliament Yes
  • Circumstances
In the absence of an agreement on the formation of a government, the President appoints a caretaker government, dissolves the National Assembly and schedules new elections (Article 99, paragraph 5 of the Constitution).
  • Modalities
The President may not dissolve the National Assembly during the last three months of his term of office. Should the National Assembly fail to form a government within the established period, the President will appoint a caretaker government. Parliament has been dissolved twice in the last 10 years, in 1994 and in 1997.
ACCOUNTABILITY
Accountability of Government to Parliament Yes The Prime Minister heads, coordinates, and bears responsibility for the overall policy of the Government (Article 108, paragraph 2 of the Constitution).
Modalities of oversight
  • Oral and written questions of parliamentarians
Government accountability to parliament is brought into play by putting questions to ministers.
  • Government reports to Parliament
Government accountability to parliament is brought into play by government annual reports and votes thereon.
Measures
  • Vote of confidence on Government programs and/or legislative proposals
Government accountability to parliament can be brought into play in the legislative process.
Motions of censure and votes of no confidence (sub-report)
  • Circumstances
A motion of no-confidence may be tabled in the case of disapproval by the National Assembly of an action taken by the Government.
  • Modalites
A motion of no-confidence in the Council of Ministers must be seconded by one fifth or more of the members of the National Assembly (Article 89, paragraph 1 of the Constitution). To be passed, the motion requires a majority of more than half of the votes of all National Assembly members.
  • Consequences
Should the National Assembly pass a vote of no-confidence in the Prime Minister or the Council of Ministers, the Prime Minister hands in his Government's resignation (Article 89, paragraph 2 of the Constitution). Should the National Assembly reject a vote of no-confidence in the Council of Ministers, no new motion for a vote of no-confidence on the same grounds may be tabled before six months lapse. During the 1991-2001 period 14 votes of no-confidence were tabled, all of them by opposition parties, and all were unsuccessful.
Dismissal and/or impeachment of Government and other public officials (sub-report)
  • Circumstances and persons concerned
The President and Vice-President are not held liable for actions committed in the performance of their duties, except for high treason or a violation of the Constitution (Article 103 of the Constitution).
  • Modalites and procedure
An impeachment requires a motion from not less than one fourth of all members of the National Assembly and stands if supported by more than two thirds of the members. An impeachment against the President or Vice-President is tried by the Constitutional Court within a month following the lodging of the impeachment accusation.
  • Consequences
Should the Constitutional Court convict the President or Vice-President of high treason, or of a violation of the Constitution, the President's or Vice-President's prerogatives are suspended. No one may place the President or the Vice-President under detention, nor initiate criminal proceedings against them.
  • Have these procedures been applied?
not available
OVERSIGHT OVER THE ACTIONS OF THE GOVERNMENT ADMINISTRATION
Oversight over the actions of the Government administration Yes The Prime Minister heads, coordinates, and bears responsibility for the overall policy of the Government, including the administration (Article 108, paragraph 2 of the Constitution).
Means and modalities of oversight
  • Hearings in Committees
Parliament exercises oversight over the actions of the government administration by holding hearings in committees.
  • Committees of inquiry and missions to Government departments
Parliament exercises oversight over the actions of the government administration through committees of inquiry.
  • Oral and written questions of parliamentarians
Parliamentarians may address to the Prime Minister, any of the deputy Prime Ministers or any of the ministers topical questions of public interest falling within their jurisdiction (Article 77-80 of the rules of organisation and procedure of the National Assembly). Questions may be put to the Prime Minister on general policies of the Government. Such questions need be addressed in writing through the Speaker of the National Assembly not later than 48 hours before the commencement of the sitting at which the Prime Minister is called upon to answer. Questions need to be precisely and clearly formulated, exclude personal invectives and be signed by the member putting the question. Answers may be oral or written. Answers are provided in writing only if the member of the National Assembly has so expressly desired. Written answers are provided within seven days.

The Speaker of the National Assembly notifies immediately the Council of Ministers, the Prime Minister, the deputy Prime Ministers or the ministers respectively, of any such questions and of the date and time of the sitting at which an answer is due. The Prime Minister, the deputy Prime Minister or the minister concerned may request that the answer be postponed, but by no more than seven days. When the member who has addressed the question is not present at the sitting, the answer is postponed. When a written answer is received, the Speaker announces the fact at the next sitting of the National Assembly following such receipt and delivers a copy of such answer to the member concerned. Topical questions for written answers as well as the written answers themselves are attached to the verbatim record of the sitting. Members of parliament may withdraw their questions in writing prior to the sitting.

No parliamentarian may address more than two questions at any sitting. The presentation of any single question is limited to three minutes. The answer given is limited to five minutes. The member putting the question has the right of reply within up to two minutes, and the Prime Minister, the deputy Prime Minister or the minister has the right of rejoinder, also within two minutes. The National Assembly hears questions, enquiries, and answers thereto during the last three hours of each Friday sitting, except when it decides otherwise. The Prime Minister is the first to answer, followed by the deputy Prime Ministers or the ministers, and while answering the deputy Prime Ministers or ministers are subject to rotation. On the motion of not less than one fifth of all members of the National Assembly, a debate is opened on an inquiry, and a vote is held on a resolution. Such motions for debate are brought in writing before the Speaker after the answer to the inquiry in question.
  • Role of Parliament in the appointment of senior Government officials
Not applicable
  • Activity reports of the Government administration and of public services or establishments
Those public services and establishments that are elected by the National Assembly, such as the Governor of the National Bank and the heads of other institutions established by law, are required to submit activity reports to parliament.
  • Representation of Parliament in governing bodies of the Government administration
Not applicable
Existence of an ombudsman Yes
  • Method for appointing the executive
The Ombudsman is elected by the National Assembly for a term of five years and may be re-elected for the same office only once. He/she is assisted in his/her duties by a Deputy Ombudsman.
  • Relationship to Parliament
The Ombudsman intervenes when citizens' rights and freedoms have been violated by actions or omissions of the state and municipal authorities and their administrations as well as by persons assigned to provide public services. The state and municipal authorities and their administrations, legal persons and citizens are obliged to provide the Ombudsman with information, entrusted to them officially, and to provide assistance to him/her regarding complaints. The Ombudsman submits an annual report on his/her activities to the National Assembly by March 31.
BUDGETARY OVERSIGHT
Consultation of Parliament in the preparation of the national budget No Not applicable
Modalities of oversight
  • Examination of the budget / finance act by Parliament
The Council of Ministers tables the draft state budget before the National Assembly no later than two months prior to the beginning of the budget year. The National Assembly adopts the state budget law annually.
  • Reports on the budget / finance act by Committees
Not available
Fields overseen
  • Defence budget
Parliament exercises oversight over all public funds.
  • Budget of special departments
Parliament exercises oversight over all public funds.
  • Role of Parliament in national development plans
Not available
Parliament's deadline for the examination and adoption of the budget / finance act The Council of Ministers tables the draft state budget before the National Assembly no later than two months prior to the beginning of the budget year. The National Assembly must adopt the draft budget by the beginning of the new budget year.
Consequences of failure by Parliament to adopt the budget / finance act Should parliament not adopt the budget by the beginning of the new budget year, the budget income is collected according to the law in effect, and the expenditure commitments must not be greater than the spending allocated for the same period of the previous year. These provisions cannot be applied for more than three months. Should the state budget not be adopted within this period, the National Assembly allocates an additional period for the collection of income its expenditure.
Budgetary autonomy of Parliament Yes The budget of the National Assembly is part of the state budget.
OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING
Evaluation of Government spending
Parliament approves Government expenditures annually Yes Parliament adopts the resolution on the report about the implementation of the state budget annually.
Parliamentary oversight of public companies No Not applicable
Modalities of oversight
  • Body for auditing the Government's books and method for appointing
The Audit Chamber is established by parliament according to the Constitution (Article 91), with the aim of auditing the implementation of the budget.
  • Reports of the public auditor's office
The Audit Chamber reports to parliament annually.
  • Specialised committee
Not applicable
OVERSIGHT OVER FOREIGN POLICY
Foreign Relations Committee (sub-report)
  • Functions of the Committee
Parliament exercises oversight over foreign policy through the Foreign Relations Committee.
  • Powers of the Committee
Not available
  • Composition of the Committee
The composition of the committee reflects the numerical strength of each party in parliament.
  • Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad
Parliament exercises oversight over foreign policy through bilateral visits and inter-parliamentary conferences.
  • Plenary debates on foreign policy issues
Parliament exercises oversight over foreign policy by organising plenary debates on foreign policy issues.
Involvement of Parliament
  • Participation of Parliament in inter-governmental meetings
Parliamentarians may participate in intergovernmental meetings at the request of Government.
  • Modalities and procedures for ratifying international treaties and agreements (sub-report)
The National Assembly ratifies or denounces by law all international instruments which (i) are of a political or military nature, (ii) concern the Republic's participation in international organisations, (iii) provide for corrections to the borders of the Republic, (iv) contain obligations for the treasury, (v) provide for the State's participation in international arbitration or legal proceedings, (vi) concern fundamental human rights, (vii) affect the action of the law or require new legislation in order to be enforced, and (viii) expressly require ratification (Article 85 of the Constitution). In all other cases, the Council of Ministers approves international contracts by a resolution.

Treaties ratified by the National Assembly may be amended or denounced only by their built-in procedures or in accordance with the universally acknowledged norms of international law. The conclusion of an international treaty requiring an amendment to the Constitution must be preceded by the passage of such an amendment.
  • Other mechanisms for participation in foreign policy by Parliament
Parliament exercises oversight over foreign policy through the described means of parliamentary oversight, through the work of parliamentary delegations, and through participation in international events.
OVERSIGHT OVER NATIONAL DEFENCE POLICY
National Defence Committee (sub-report)
  • Functions of the Committee
Parliament exercises oversight over defence policy through the Committee on Foreign Policy, Defence and Security.
  • Powers of the Committee
Not available
  • Composition of the Committee
The composition of the Committee reflects the numerical strength of each party in parliament.
Parliamentary oversight of public arms manufacturing companies Not applicable
Circumstances and involvement
  • Modalities and procedures in case of war, an armed attack or a state of emergency
The President proclaims a state of war in the case of an armed attack or whenever urgent actions are required by virtue of an international commitment, or proclaims martial law or any other state of emergency whenever the National Assembly is not in session and cannot be convened. The National Assembly must then be convened forthwith to endorse the decision. The National Assembly exercises oversight over defence policy when war is declared, in a state of emergency, or following an armed attack.
  • Role of Parliament in sending troops abroad
Parliament exercises oversight over defence policy when troops are sent abroad.
  • Other mechanisms for participation in national defence policy by Parliament
Parliament exercises oversight over defence policy through the described means of parliamentary oversight.
STATE OF EMERGENCY
Circumstances On a motion from the President or the Council of Ministers, parliament may introduce martial law or a state of emergency on all or part of the country's territory (Article 84, paragraph 12 of the Constitution). The President proclaims a state of war in the case of an armed attack or whenever urgent actions are required by virtue of an international commitment, or proclaims martial law or any other state of emergency whenever the National Assembly is not in session and cannot be convened. The National Assembly must then be convened forthwith to endorse the decision.
Can parliament take the initiative to declare a state of emergency No
Consequences of a state of emergency for Parliament In case of war, armed hostilities, or another state of emergency occurring during or after the expiry of the National Assembly's term, its term is extended until the expiry of the circumstances (Article 64, paragraph 2 of the Constitution).
VERIFICATION OF THE CONSTITUTIONALITY AND THE APPLICATION OF LAWS
Modalities of oversight
  • Body ruling on the constitutionality of laws
A specialised body / constitutional Court The Constitutional Court consists of 12 Judges, one third of whom are elected by the National Assembly. One third are appointed by the President, and one-third are elected by a joint meeting of the Justices of the Supreme Court of Cassation and the Supreme Administrative Court (Article 147 of the Constitution). The Judges of the Constitutional Court are elected or appointed for a period of nine years and are not eligible for re-election or reappointment. The make-up of the Constitutional Court is renewed every three years from each quota.
  • Means and procedures
The Constitutional Court provides binding interpretations of the Constitution and rules on any challenges to the constitutionality of the laws and other acts passed by the National Assembly and the acts of the President. It further rules on competence suits between the National Assembly the President and the Council of Ministers, and between local self-government bodies and the central executive branch of government. It rules on the compatibility between the Constitution and the international instruments concluded by the Republic prior to their ratification, and on the compatibility of domestic laws with the universally recognised norms of international law and international instruments. It rules on challenges to the constitutionality of political parties and associations, challenges to the legality of the election of the President and Vice-President, challenges to the legality of an election of a parliamentarian, and impeachments by the National Assembly against the President or the Vice-President (Article 149 of the Constitution).

The Constitutional Court acts on an initiative from not less than one fifth of all members of the National Assembly, the President, the Council of Ministers, the Supreme Court of Cassation, the Supreme Administrative Court, or the Chief Prosecutor. Should it find a discrepancy between a law and the Constitution, the Supreme Court of Cassation or the Supreme Administrative Court suspends the proceedings on a case and refers the matter to the Constitutional Court. A ruling of the Constitutional Court requires a majority of its Judges. Rulings are promulgated in the National Gazette within 15 days of the date on which they are issued. A ruling comes into force three days after its promulgation. Any act found to be unconstitutional ceases to apply as of the date on which the ruling comes into force. Any portion of a law that is not ruled unconstitutional remains in force.
Evaluation of laws Not applicable Not applicable
Measures

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