КОНСТИТУЦИОННИЯТ ПРИНЦИП ЗА НЕСЪВМЕСТИМОСТ ПРИ КАНДИДАТИТЕ ЗА СЛУЖЕБЕН МИНИСТЪР-ПРЕДСЕДАТЕЛ

Abstract

The legally introduced interruption of the powers of the candidates specified in Art. 99, para. 5 of the Constitution and occupying another state office, for the time that one of them is appointed acting Prime Minister, in order to avoid the consequences of the incompatibility provided for in Art. 113, contradicts the Constitution and violates their independence. Interruption of the mandate as a consequence of incompatibility is admissible only if provided for in the Constitution. The only case of interruption is regulated in Art. 68, para. 2 of the Constitution and its application by analogy or its expansive interpretation are inadmissible. The incompatibility stems from the Constitution itself, and it has direct application by virtue of Art. 5, para. 2 of it and cannot be excluded by law for other state offices.