On the Power of the Constitutional Court to Rule on the Compliance of Mixed Agreements with the Constitution

Authors:

Pages: 185-200
DOI: https://doi.org/10.54664/WLQY8732

Abstract:

This study aims at examining the general characteristics of constitutional review of international treaties and highlighting its specificities with regard to mixed European Union agreements. Legal issues stem from the fact that, in this case, we are faced with international treaties concluded not only by the Bulgarian State but by the European Union together with the Member States and third countries. Since the competence of the European Union is exclusive in certain fields, the Union has to ‘mix’ its competences in external relations with that of the Member States in order to be able to act in all aspects of international relations. Although, the review of the constitutionality of mixed agreements does not reveal any specific situation with regard to the power of the Constitutional Court to rule on the compliance of the international treaties with the Constitution, the main issue is about the limitations of the Court, exercising a preliminary and ex post review of the constitutionality of international treaties in the case of a mixed agreement, in the light of the obligation of sincere cooperation, on the one hand, and the safeguarding of the constitutional identity of the Bulgarian State’s participation in the establishment and development of the European Union, on the other hand.

Keywords:

Constitutional Court, Court of Justice, constitutional review, International Treaty, Mixed Agreement, exclusive competence, shared competence, loyal cooperation, constitutional identity, Istanbul Convention.

Download

NA