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Constitution
(Adopted on: 12 July 1991)
Chapter Four
President of the Republic
Article 92 [Head of State]
(1) The President is the head of state. He shall embody the
unity of the nation and shall represent the state in its international
relations. (2) The President shall be assisted in his actions
by a Vice President.
Article 93 [Elections]
(1) The President is elected directly by the voters for a period
of five years by a procedure established by law.
(2) Eligible for President is any natural-born Bulgarian citizen
over 40 years of age and qualified to be elected to the National
Assembly, who has resided in the country for the five years
preceding the election.
(3) To be elected, a candidate shall require more than one-half
of the valid ballots, provided that more than half of all eligible
voters have cast their ballots in the election.
(4) Should none of the candidates for President be elected,
a runoff vote is held within seven days between the two top
candidates. The winner is the candidate who wins the majority
of the vote.
(5) A presidential election shall be held not earlier than three
months and not later than two months before the expiry of the
term of office of the incumbent President.
(6) The Constitutional Court shall rule upon any challenge to
the legality of a presidential election within a month's time
after the election.
Article 94 [Vice President]
The Vice President is elected at the same time and on the same
ticket as the President, on the same conditions and by the same
procedure.
Article 95 [Re-election, Incompatibility]
(1) The President and the Vice President shall be eligible for
only one re-election to the same office.
(2) The President and the Vice President shall not serve as
Members of the National Assembly or engage in any other state,
public or economic activity, nor shall they participate in the
leadership of any political party.
Article 96 [Oath]
The President and the Vice President shall swear before the
National Assembly the oath established by Article 76 (2).
Article 97 [Resignation, Dismissal]
(1) The President's or Vice President's authority shall expire
before the expiry of his term of office upon any of the following
occurrences: 1) resignation submitted before the Constitutional
Court; 2) lasting incapacitation caused by a grave illness;
3) following Article 103; 4) death.
(2) In instances 1 and 2, the prerogatives of the President
or Vice President shall be suspended upon the Constitutional
Court's establishing the existence of the respective circumstances.
(3) In instance 1, the Vice President shall assume the duties
of the President until the expiry of the term of office.
(4) Should the Vice President be incapable of assuming the President's
duties, the President's prerogatives shall be assumed by the
Chairman of the National Assembly until the election of a new
President and Vice President. Elections for President and Vice
President shall then be held within two months.
Article 98 [Functions] The President of the Republic shall:
1) schedule the elections for a National Assembly and for the
bodies of local self-government and shall set the date for national
referendums pursuant to a resolution of the National Assembly;
2) address the Nation and the National Assembly;
3) conclude international treaties in the circumstances established
by the law;
4) promulgate the laws;
5) on a motion from the Council of Ministers, determine the
borders of the administrative territorial units and their centres;
6) on a motion from the Council of Ministers, appoint and dismiss
the heads of the Republic of Bulgaria's diplomatic and permanent
missions at international organizations, and receive the credentials
and the letters of recall of the foreign diplomatic representatives
to this country;
7) appoint and dismiss from office other state officials, established
by law;
8) award orders and medals;
9) grant, restore, relieve from and withdraw Bulgarian citizenship;
10) grant asylum;
11) exercise the right to pardon;
12) cancel uncollectible debts to the state;
13) name landmarks and communities of national importance;
14) inform the National Assembly on basic problems within his
prerogatives.
Article 99 [Establishing Government]
(1) Following consultations with the parliamentary groups, the
President shall appoint the Prime Minister candidate nominated
by the party holding the highest number of seats in the National
Assembly to form a government.
(2) Should the Prime Minister candidate fail to form a government
within seven days, the President shall entrust this task to
a Prime Minister candidate nominated by the second largest parliamentary
group.
(3) Should the new Prime Minister candidate also fail to form
a government within the period established by the preceding
paragraph, the President shall entrust the task to a Prime Minister
candidate nominated by one of the minor parliamentary groups.
(4) Should the consultations prove successful, the President
shall ask the National Assembly to elect the Prime Minister
candidate.
(5) Absent an agreement on the formation of a government, the
President shall appoint a caretaker government, dissolve the
National Assembly and schedule new elections within the period
established by Article 64 (3). The President's act on the dissolution
of the National Assembly shall also establish the date of the
new general elections.
(6) The procedure for forming a government established by the
preceding paragraphs shall further apply in the instances envisaged
by Article 111 (1).
(7) In the instances envisaged by Paragraphs (5) and (6), the
President shall not dissolve the National Assembly during the
last three months of his term of office. Should Parliament fail
to form a government within the established period, the President
shall appoint a caretaker government.
Article 100 [Commander-in-Chief, War]
(1) The President is the Supreme Commander-in-Chief of the Armed
Forces of the Republic of Bulgaria.
(2) The President shall appoint and dismiss the higher command
of the Armed Forces and shall bestow all higher military ranks
on a motion from the Council of Ministers.
(3) The President shall preside over the Consultative National
Security Council, the status of which is established by law.
(4) The President shall proclaim general or partial mobilization
on a motion from the Council of Ministers in accordance with
the law.
(5) The President shall proclaim a state of war in the case
of an armed attack against Bulgaria or whenever urgent actions
are required by virtue of an international commitment, or shall
proclaim martial law or any other state of emergency whenever
the National Assembly is not in session and cannot be convened.
The National Assembly shall then be convened forthwith to endorse
the decision.
Article 101 [Veto]
(1) Within the term established by Article 88 (3), the President
is free to return a bill together with his motives to the National
Assembly for further debate, which shall not be denied.
(2) The new passage of such a bill shall require a majority
of more than half of all Members of the National Assembly.
(3) Following a new passage of the bill by the National Assembly,
the President shall promulgate it within seven days following
its receipt.
Article 102 [Decrees, Addresses]
(1) Within the prerogatives vested in him, the President shall
issue decrees, addresses, and messages.
(2) The President's decrees shall be countersigned by the Prime
Minister or the minister concerned.
(3) No countersigning is required for decrees pertaining to:
1) the appointment of a caretaker government; 2) the appointment
of a Prime Minister candidate; 3) dissolution of the National
Assembly; 4) return of a bill to the National Assembly for further
debate; 5) the organization and manner of action of the offices
of the Presidency and the appointment of their staff; 6) the
scheduling of an election or referendum; 7) the promulgation
of a law.
Article 103 [Immunity, Impeachment]
(1) The President and Vice President shall not be held liable
for actions committed in the performance of their duties, except
for high treason, or a violation of the Constitution.
(2) An impeachment shall require a motion from no fewer than
one-fourth of all Members of the National Assembly and shall
stand if supported by more than two-thirds of the Members.
(3) An impeachment against the President or Vice President shall
be tried by the Constitutional Court within a month following
the lodging of the impeachment. 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 shall be suspended.
(4) No one shall place the President or the Vice President under
detention, nor shall initiate criminal proceedings against them.
Article 104 [Devolution of Duties] The President is free to
devolve to the Vice President the prerogatives established by
Article 98 Sub-Paragraphs 7, 9, 10 and 11. |
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