In order not to delay the effect of the Budget Law from the beginning of 2019, the President promulgated the Law on the State Budget of the Republic of Bulgaria, despite the disagreement with some of its provisions. The head of state is asking the Constitutional Court for regulations affecting the fundamental rights of the citizens, they transmit from the press office of the President of the Republic of Bulgaria.
Their constitutional recognition requires the legislator to respect their manifestations and not give up on their existing guarantees. According to the head of state, this obligation is not fulfilled by the provisions of Art. 96 and § 14, items 1, 2, 3, b. “A” and § 15 of the Law on the State Budget of the Republic of Bulgaria for 2019. The rules adopted with them are a retreat from the principles of the social and the rule of law, create inequality before the law and their application will lead to unconstitutional consequences.
According to the president, the non-availability of funds from the Sofia Airport concession to the State Pension System Sustainability Fund is constitutionally unacceptable. The right to retirement would be simply a declaration if the state did not provide guarantees for its exercise. The inextricable link between this right and the State’s obligations requires that account be taken of the existing realities that put the pension system at risk – the unfavorable ratio between workers and pensioners, the aging population, and low income. The social state must adopt laws that will stabilize this system.
Restricting the Fund’s revenue sources casts doubt on the long-term performance of its purpose – to ensure the stability of the pension system. Thus, the legislator deviates unacceptably from the principle of the welfare state and endangers the exercise of a constitutionally guaranteed right of citizens.
The application also disputes the introduction of the exercise of the right to a pension as incompatibility with the employment of a civil servant. The implementation of a constitutional law that does not adversely affect the impartial and lawful performance of the public service in the public interest can not make a person unsuitable to be a civil servant.
The adopted regulation creates unequal treatment depending on the reason for retirement and affects acquired rights in violation of the principles of equality before the law and the rule of law. This legislative solution does not allow for the needs of different administrations to be taken into account. There is a danger for the performance of public functions, which, after the statutory redundancies, may not lead to professionally prepared candidates.