Bulgaria

Recent developments in Bulgaria have demonstrated both the capacity of the president to shape the national political process as well as the hidden tensions which his interventions may precipitate. While the overall stability of the country's institutional framework remains intact, a new patterning of relations between key political actors is beginning to emerge.
 
The importance of the presidency was demonstrated recently when NATO requested permission for its warplanes to pass through Bulgarian airspace. Deliberations on this issue took place neither in the Council of Ministers nor in the Narodno Sabranie (National Assembly, or parliament) but at a special session of the Consultative National Security Council, a body chaired by President Petar Stoyanov (Art. 100.3). When the decision to approve NATO's request was finally announced, on October 10, leaders of the opposition Bulgarian Socialist Party (BSP) questioned its legitimacy and argued that the matter falls within parliament's jurisdiction. (In addition, prominent BSP members sent a letter of apology to Serbian President Slobodan Milosevic.) Stoyanov, however, argued that the council provides a forum for political discussions on urgent issues pertaining to national security and therefore may adopt decisions that, later, should be submitted to the deputies for ratification. The council's functions are not clearly specified in the Constitution or in a law, but, as in the past, it has served as a forum for resolving matters pertaining to national security. (For example, it was during council deliberations that BSP's nominee for prime minister, Nikolai Dobrev, announced that he would return his mandate to form a government during the political crisis of February 1997. See Bulgaria Update, EECR, Vol. 6, No. 1, Winter 1997.) Moreover, neither Stoyanov nor the prime minister is constitutionally prohibited from discussing a matter in whatever institutional setting they choose. They are merely required to seek subsequent approval by parliament. Soon thereafter, all parliamentary parties except BSP voted to approve the council's resolution.
 
After almost two years of deliberations, parliament finally passed, in September, the controversial laws on judicial power and on the media. (See Bulgaria Update, EECR, Vol. 7, No. 3, Summer 1998.) Rather than bringing the controversies surrounding this legislation to a close, however, the passage of the two bills triggered a new round of arguments. For the first time, Stoyanov exercised his veto power in order to block laws passed by his own party, the Union of the Democratic Forces (UDF), and some of the provisions of the new laws were subsequently appealed to the Constitutional Court. According to Art. 101 of the Constitution, "the President is free to return a bill together with his motives to the National Assembly for further debate, which shall not be denied. The repeated passage of such a bill shall require a majority of more than half of all members of the National Assembly."