The Constitutional Court cannot make a final decision on the case challenging the elections. This became clear from an address by the President of the Constitutional Court, Pavlina Panova, broadcast on BNT in accordance with Art. 52 of the Radio and Television Act.
Pavlina Panova noted that in recent days the Constitutional Court has fulfilled all additional requests of the CEC, but despite this, the commission has not fulfilled the recalculation of the election results assigned to it in order to understand whether there has been a change in the distribution of mandates in the 51st National Assembly.
Here is the entire statement by the Chairperson of the Constitutional Court Pavlina Panova:
"The proportional electoral system in force in our country does not allow the court, when, when verifying the election results, it establishes violations of the law that could lead to a change in the composition of the newly elected National Assembly, to determine for itself which members of parliament these violations lead to the illegality of the election.
The Constitutional Court can do this only and only after the calculations made by the Central Election Commission. Therefore, on February 26, the Constitutional Court assigned the CEC to carry out the necessary recalculations in order to establish the court's position and, with the information presented to the court, to issue a decision.
In the past few days, the CEC has asked various questions three times, to which the court has responded immediately. However, today, March 10, after 6 p.m., the Constitutional Court was notified that the CEC continues to fail to fulfill its assigned task because "Information Services" has handed over to the Sofia City Prosecutor's Office the materials provided to it on the constitutional case, along with the technical media and devices, without the permission of the Constitutional Court. In this way, the activity of the Constitutional Court to conclude the case challenging the legality of the elections is hindered.
I consider it necessary to explicitly emphasize that the only competent body under the Constitution of the Republic of Bulgaria that can assess the legality of the elections for members of parliament is the Constitutional Court. All state bodies are obliged to provide it with full cooperation, and not to hinder its activity. It is unacceptable for the activity of the Constitutional Court to be made dependent on the actions or inactions of other state bodies.