MPs file a request that provisions from the Criminal Assets Forfeiture Act be declared unconstitutional by CC

On Thursday, 58 deputies filed a request to the Constitutional Court to declare unconstitutional certain texts of the Criminal Assets Forfeiture Act on the seizure of property acquired from criminal activity.

Via this request, in practice, they may create a precedent in the democratic history of the country because they are calling on the Constitutional Court to deliver Judgement for the second time on one and the same law. Because of the request by a group of MPs from the opposition, on October 13, the Constitutional Court delivered a Judgement that certain texts of this law are in conflict with the Constitution. Currently, the group of deputies of Coalition for Bulgaria, MRF and several independent MPs are calling on the court to rule on three other specific texts which are not mentioned in the decision of October 13.

These are texts according to which the decisions of the Commission on forfeiture of criminal assets will be appealed under APC's order, i.e. before administrative courts and the Commission's application for seizure of the property itself are considered by a civil court. "In terms of the constitutional system of justice, it is absolutely unacceptable for control on acts of the administration, which are one and the same in nature, to be exercised in parallel by different types of courts - a civil and an administrative one," read the lawmakers' request. They are convinced that only one court should consider the decisions of the Commission for the seizure of property in order to protect the constitutional rights of citizens.

Socialist MP Lyuben Kornezov reminded that, to date, the Constitutional Court has declared unconstitutional 133 texts passed by the National Assembly, something which has not happened, so far, in any Parliament since the beginning of democracy.

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