Venice Commission - Observatory on emergency situations
www.venice.coe.int
Disclaimer: this information was gathered by the Secretariat of the Venice Commission on the basis of contributions by the members of the Venice Commission, and complemented with information available from various open sources (academic articles, legal blogs, official information web-sites etc.).
Every effort was made to provide accurate and up-to-date information. For further details please visit our page on COVID-19 and emergency measures taken by the member States: https://www.venice.coe.int/WebForms/pages/?p=02_EmergencyPowersObservatory&lang=EN
1. Are there specific provisions in the constitution of your country applicable to emergency situations (war and/or other public emergency threatening the life of the nation)?
Article 84, item 12 of the Constitution of the Republic of Bulgaria vests the National Assembly the power to declare a state of martial law or another state of emergency in the entire national territory or in a part thereof, acting on a motion by the President or by the Council of Ministers.
2. Do organic/constitutional or ordinary laws regulating the state of emergency exist in your country?
The Disaster Protection Act of 2006 regulates measures taken during the emergency situations. For the text in Bulgarian click here. It mostly regulates the activities of State services in cases of local disasters and provides for a special legal regime in such situations.
3. Do organic or ordinary laws on health risks or other public emergency exist in your country?
Тhe protection of the citizens’ health is regulated by the Health Act from 2004, which was also amended during the pandemic.
4. Was a state of emergency declared in your country due to the Covid-19 pandemic? By what authority and for how long?
The National Assembly acting on motion of the Council of Ministers, on the grounds of Art. 84, item 12 of the Constitution of the Republic of Bulgaria and in connection with the growing pandemic of COVID-19 decided to declare a state of emergency on the entire territory of the Republic of Bulgaria, as of 13 March, 2020m and until to 13 April, 2020.
5. Was the declaration subject and submitted to parliamentary approval (if it was taken by the executive)?
The declaration of a state of emergency, as regulated by the Constitutuon, is an exclusive competence of the National Assembly. The procedure for declaring an emergency epidemic situation by the executive is regulated in Art. 63 of the Health Act (as amended in 2020) and does not require coordination of the act of the Council of Ministers with the Legislature.
6. Was the declaration subject and submitted to judicial review? Was it found justiciable?
The declarations were not subject to judicial review.
7. Are derogations to human rights possible in emergency situations under national law? What are the circumstances and criteria required in order to trigger an exception? Was a derogation under Article 15 ECHR or under any other international instrument made? Does national law prohibit derogation from certain rights even in emergency situations? Is there an explicit requirement that derogations should be proportionate, that is limited to the extent strictly required by the exigencies of the situation, in duration, circumstance and scope?
Derogations to human rights are possible in emergency situation. However, pursuant to Art. 57 of the Constitution there are several restrictions – it shall be temporary and proportionate (prohibition of excessiveness), which derives from the rule of law, and it could never extend over the fundamental rights listed in paragraph 3.
8. Which human rights have been limited/derogated from in your country, in the context of the Covid-19 pandemic?
The right of free movement and the right of assembly were temporally limited due to the COVID-19 pandemic. Schools, nurseries and kindergartens were closed. Visits to entertainment and gaming halls, discos, bars, cinemas, restaurants and coffee shops were suspended. Visits to sports and children's playgrounds, city parks and gardens, museums, libraries and galleries were suspended. Temporary restrictions were imposed on the number of people who could gather. Organization of weddings, balls and other organized gatherings of big groups of persons were prohibited.
9. If a declaration of state of emergency was not made, did the Executive enjoy additional powers under the ordinary legislation on health risks or another public emergency? Did it decide to impose exceptional restrictions on human rights based on these laws?
See answer to Q4: the declaration was made by the National Assembly which later amended the Health Act in order to give the Government the power to introduce emergency regime and use special powers provided for this situation in the Health Act.
10. Are the possibilities for the Executive to derogate from the normal division of powers in emergency circumstances limited in duration, circumstance and scope?
Even in the exercise of its powers during extraordinary circumstances the Executive has to follow the principle of separation of powers proclaimed in Art. 8 of the Constitution.
11. Were the sessions of parliament suspended during the Covid-19 pandemic? If so, for how long? Were specific rules on the functioning of parliament during the emergency adopted? By parliament or by the executive?
The National Assembly, referring to Art. 86, para. 1 of the Constitution of the Republic of Bulgaria decided to hold regular plenary sittings only on Thursday and Friday (Decision concerning the work of the National Assembly during the state of emergency, SG, issue 22 of 2020). During the state of emergency, the National Assembly considers and votes as a priority bills and draft acts related to the state of emergency.
12. Were the judicial sessions of the Constitutional Court or court with equivalent jurisdiction and/or other courts be suspended during the Covid-19 pandemic? If so, for how long? Were specific rules on the functioning of these courts during the emergency adopted? By parliament or by the executive?
Regulations on the Organization of the Activities of the Constitutional Court was supplemented, SG No. 30/31.03.2020, effective 4.04.2020, with a new Article 30b, which regulates that the Constitutional Court may, by way of exception, hold its sessions and adopt decisions without attendance, by video conference which ensures the secrecy of the judicial deliberation. Where necessary, judges may participate by video conference also in attendance sessions of the Court.
13. Was legislation on the state of emergency or on the emergency amended or adopted to deal with the Covid-19 pandemic?
Due to the COVID-19 pandemic the National Assembly of the Republic of Bulgaria adopted an ordinary Act on the Measures and Actions during the State of Emergency Declared by a Resolution of the National Assembly of 13 March 2020 and on Addressing the Consequences (SG No. 44/2020, effective 14.05.2020) Promulgated, SG No. 28/24.03.2020, effective 13.03.2020. For the text in Bulgarian click here.
14. Was this additional legislation subject to judicial review?
On May 14 the President submitted a request to the Constitutional Court of the Republic of Bulgaria (case No 7/2020) to establish the unconstitutionality of Art. 63, para. 2-7 of the Health Act:
15. Was the state of emergency prolonged? For how long? Was the prolongation subject and submitted to parliamentary control? Was it subject and submitted to judicial review?
The National Assembly declared the state of emergency on the grounds of Art. 84, item 12 of the Constitution first for 1 month and then it was prolonged for another month. The Council of Ministers on 14 May after the end of the state of emergency declared an emergency epidemic situation for the period of one month by Decision No 325, on the basis of the amended Health Act. The epidemic situation has been extended 6 times in a row and according to the last Decision No 673 from 25 September, it was extended until the end of November. The prolongations were not subject to judicial review.
16. What are the legal remedies available against general measures and/or individual taken under the state of emergency? What are the legal remedies for measures taken in application of ordinary legislation on health crisis? Has any change to the available legal remedies been decided on account or brought about by the state of emergency? Were any emergency measures invalidated and for what reasons (competence, procedure, lack of proportionality etc.)
No changes to the available legal remedies have been made. Regarding the state of emergency declared by the National Assembly, individuals in case of possible violations of their rights and freedoms may approach any of the bodies exhaustively indicated in the list under Art. 150 of the Constitution – one-fifth of the MPs, the President, the Council of Ministers, the Supreme Court of Cassation, the Supreme Administrative Court, the Prosecutor General, the Ombudsman and the Supreme Bar Council – which in turn may refer the case to the Constitutional Court. All legal acts of the Council of Ministers including those related to the declared emergency epidemic situation, as well as the orders of the Minister of Health, may be appealed before the Supreme Administrative Court on the grounds of Art. 132, para. 2 of Administrative Procedure Code.
17. If parliamentary and/or, where applicable, presidential elections were scheduled to take place during the Covid-19 emergency: were they held? Were special arrangements made, and if so, which arrangements? Was it necessary to amend the electoral legislation? What was the turnout? How was it compared to the previous elections? If they were postponed, what was the constitutional or legal basis for doing so? Who took the decision? For how long were they postponed? Was this decision subject and submitted to parliamentary control or judicial review?
Parliamentary and presidential elections were not held during the COVID-19 emergency. However, in view of the forthcoming parliamentary elections in the spring of 2021, it is possible to envisage measures adapting the electoral legislation to the pandemic situation.
18. Same questions as under 17), mutatis mutandis, as regards local elections and referendums.
This year, only by-elections were held in several municipalities in the Republic of Bulgaria. However, on April 7, 2020 the President issued Decree No. 77 which rescheduled the by-elections from June 14 to September 27 on the grounds of Art. 98, item 1 of the Constitution, in connection with Art. 463, para. 5, Art. 465, item 5 and Art. 466 of the Election Code, none of which refer to pandemic: in 1 town and 11 villages local by-elections were rescheduled based on the ground of Art. 463, para. 5 of the Election Code; in 2 villages local by-elections were rescheduled on the grounds of Art. 465, item 5 and Art. 466 of the Election Code.
Bulgaria
The President shall declare a state of war in the event of an armed attack against Bulgaria or in response to a need to urgently honour international commitments, or shall proclaim a state of martial law or another state of emergency whenever the National Assembly is not sitting. In such cases, the National Assembly shall be convened forthwith to pronounce on the decision (Article 100, para. 5 of the Constitution).
In case of war, a state of martial law or another state of emergency which has occurred during the term of the National Assembly or after the expiry thereof, the mandate of the Assembly shall be extended until the said circumstances are over (Article 64, para. 2 of the Constitution).
In addition, the Government may introduce special measures on the basis of the Health Act, as amended in 2020.
Due to the COVID-19 pandemic the National Assembly of the Republic of Bulgaria adopted an ordinary Act on the Measures and Actions during the State of Emergency Declared by a Resolution of the National Assembly of 13 March 2020 and on Addressing the Consequences (SG No. 44/2020, effective 14.05.2020) Promulgated, SG No. 28/24.03.2020, effective 13.03.2020.
Furthermore, due to the COVID-19 crisis t several legal acts have been adopted or amended; they introduced measures coping with the situation. Several Orders were issued by the Minister of Health or by other executive authorities - for example, the Minister of Agriculture, Food and Forestry issued Ordinance № 2 of 5.08.2020 on the implementation of measure on the “Extraordinary temporary support for farmers and small and medium-sized enterprises that are particularly affected by the crisis caused by COVID-19” of the Rural Development Program for the period 2014 – 2020 (promulgated, SG, no. 70 of 7.08.2020).
The National Assembly instructed the Council of Ministers to take all necessary measures to manage the emergency situation in connection with the COVID-19 pandemic and in accordance with Art. 57, para. 3 of the Constitution of the Republic of Bulgaria.
Later on 3 April the National Assembly decided to extend the term of the declared state of emergency on the entire territory of the Republic of Bulgaria until 13 May 2020.
Due to the COVID-19 crisis several amendments were made to the Health Act. Article 63 of the Health Act provides that in the event of an immediate threat to the life and health of the public owing to the epidemic spread of a disease referred to in Article 61(1) (which includes COVID-19), an emergency epidemic situation shall be declared to protect the life and health of said public. The emergency epidemic situation referred to in Paragraph (1) shall be declared for a fixed period by a dedicated decision of the Council of Ministers and following a proposal by the Minister of Health on the basis of an assessment of the epidemic risk in place conducted by the Chief State Health Inspector.
This power of the Council of Ministers was exercised on 14 May when after the end of the state of emergency an emergency epidemic situation was declared for the period of one month by Decision No 325. The Decision obliges the Minister of Health on the proposal of the Chief State Health Inspector to introduce temporary anti-epidemic measures for the territory of the country in order to protect and preserve the life and health of citizens. The epidemic situation has been extended 6 times in a row and according to the last Decision No 673 from 25 September, it was extended until the end of November.
Article 57. (1) Citizens' fundamental rights shall be inalienable.
(2) Rights may not be abused, nor may they be exercised to the detriment of the rights or legitimate interests of others.
(3) Upon declaration of war, of a state of martial law or another state of emergency, the exercise of particular citizens' rights may be temporarily restricted by a law, with the exception of the rights provided for in Articles 28, 29, 31 (1), (2) and (3), Article 32 (1), and Article 37 herein.
Article 28 guarantees the right to life, Article 29 prohibits torture or to cruel, inhuman, or degrading treatment, or forcible assimilation, as well as "medical, scientific, or other experiments without [the person's concerned] voluntary written consent." Article 31 guarantees certain fair trial rights, and Article Article 32. (1) guarantees the private life, family life honour, dignity, and reputation. Article 37 (1) guarantees freedom of conscience.
The Republic of Bulgaria has officially notified the Council of Europe of the state of emergency declared on 13 March 2020, the Law on Measures and Actions during the State of Emergency adopted on 23 March 2020, as well as of the amendments to the Health Act.
The measures were taken due to the pandemic and the related absolute need to protect human health and limit the spread of COVID-19. The country informed the Council of Europe that the temporary restriction of some of the rights of citizens and persons residing in the territory of the Republic of Bulgaria will last until the end of the state of emergency. It has stated its readiness to notify the General Secretariat of the Council of Europe if a further derogation is required of some of the provisions of the Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms.
Since then most of the limitations have already been lifted or modified by imposing lighter measures. Currently pursuant to Minister of Health’s Order No. РД-01-549/30.09.2020, as from 01.10.2020 to 30.11.2020 the following temporary anti-epidemic measures have been introduced as part of the Order:
- attendance classes are conducted in accordance with the prepared Guidelines;
- language centers, educational centers, organized by legal entities and individuals provide their services online, and where it is impossible – a physical distance between the persons of 1.5 meters should be guaranteed;
- congress and conference events, seminars, exhibitions, incl. other public events are to be held online, and where it is impossible, they can be held without exceeding 50% of thee total capacity of premises where they are held, subject to respecting a physical distance of 1.5 m between the attendees.
- cultural and entertainment events (theaters, cinemas, stage events, concerts, classes in dance, creative and musical arts) may continue their activities provided that they do not exceed 50% of their total indoor and outdoor capacity, subject to respecting the physical distance of 1.5 m between the attendees;
- all group and individual sports events wfor all age groups indoors are held without an audience;
- visits to discos, piano bars, nightclubs for indoor and outdoor entertainment are allowed when the seats are occupied not more than one person per square meter;
- group celebrations indoors and outdoors (including weddings, etc.) are organized in compliance with a physical distance of 1.5 m.
In Decision No. 10 of 23 July 2020 the Constitutional Court (see the summary in answer to Q14) stated that the exercise of the power of the Government to declare an emergency epidemic situation and the anti-epidemic measures taken by the Minister of Health in implementation of the decision of the Council of Ministers are not immune from control. During an emergency epidemic, the Parliament retains all of its powers, including overseeing the actions of the Executive. In the event of an emergency epidemic situation, the Council of Ministers shall not revoke the power of the National Assembly to adopt a decision to declare a state of emergency. The decision of the Council of Ministers to declare an emergency epidemic situation, as well as the orders of the Minister of Health and the director of the respective regional health inspectorate for introduction of temporary anti-epidemic measures are subject to control by way of the Administrative Procedure Code. In this way, the Legislature, the Executive and the Judiciary retain their constitutional functions even during the state of emergency.
Later, on 3 April with a new Decision supplementing the previous one, the National Assembly decided that during the state of emergency, the following special rules apply:
- the President of the National Assembly distributes the received bills only to a leading committee, and the drafts of acts adopted at one vote - only to one committee;
- Article 45, para. 2 of the Rules of Procedure of the National Assembly shall not apply (regulating the leave of the National Assembly);
- the establishment of a quorum before the opening of a plenary sitting is carried out through computerized voting system, as the registration of the Members of Parliament starts 1 hour before the announced starting time of the sitting;
- during the debates on an item on the agenda, the speakers, the members of the leading committee and other MPs shall be present in the hall, and the presence of not more than 1/4 of all MPs at the same time is recommended;
- after closing the debate on the items on the agenda for the sitting, the President shall set a starting time for the vote on the bills discussed at the first vote and the draft acts adopted at one vote, which may not be earlier than 30 minutes after the end of the last debate; the voting is carried out through computerized voting system according to a schedule determined by the President, as the MPs are recommended to be divided into two groups, which vote consecutively in the hall; after the end of the voting the results shall be established and summarized by secretaries of the National Assembly and shall be handed over to the President, who shall announce them during the same sitting;
- the dead-line for written proposals by MPs on bills adopted at the first reading is 24 hours;
- when considering bills, a second reading shall be held after the submission of the reports of the leading committees and the discussions on them; the President sets a starting time for the vote on the bills under discussion, which could not be earlier than 30 minutes after the end of the last debate; the voting is carried out through computerized voting system according to a schedule determined by the President, as the MPs are recommended to be divided into two groups, which vote consecutively in the hall; the vote of each group shall be chapter by chapter, section by section or text by text until the contents of the relevant report for the second vote and of the proposals made during the debate have been exhausted; after the end of the voting, the results shall be established and summarized by secretaries of the National Assembly and shall be submitted to the President, who shall announce them during the same sitting.
The Constitutional Court's session scheduled for 23 July 2020 was held via video conference which ensures the secrecy of the deliberation.
For the courts which are part of the judicial system the Judges Chamber of the Supreme Judicial Council with a Decision under Protocol No 8/10.03.2020, item 31 recommended to the administrative heads of the courts in the country not to consider cases scheduled in open court hearings within one month, except for the cases explicitly provided for in Art. 329, para. 3 of the Judicial System Act, promptly notifying the parties in the cases concerned. The excluded cases are the following:
- criminal cases in which detention in custody has been ordered as a precautionary measure to secure the appearance of a person;
- cases relating to maintenance, to parental rights to children who have not attained majority and to wrongful dismissal;
- motions for securing actions, for the perpetuation of evidence, for granting permissions and issuing orders under the Family Code, for the appointment of an ad hoc representative;
- bankruptcy cases;
- cases under the Protection against Domestic Violence Act;
- cases which must be examined within less than one month, as provided by law;
- cases relating to child adoption;
- other cases, at the discretion of the administrative head of the court or prosecution office or of the Minister of Justice.
In May the Judges Chamber of the Supreme Judicial Council adopted Rules and measures for the work of the courts in a pandemic. The document establishes rules for one-way traffic in the court buildings, the regime of access of the parties in cases to court hearings and records, as well as rules on how citizens may use administrative services. Measures were envisaged to ensure the hearing of scheduled cases in a courtroom and by video conference, as well as remote work of judges and court employees who are not on duty and are obliged to be physically present in the court building. The creation of an electronic register of cases postponed for objective reasons was introduced after coordination between the judge and the administrative head of the court. Specific measures have been identified to ensure the publicity of court hearings and the work of courts, such as the preparation of daily detailed reports on cases of public interest, statements by public relations officers or other authorized officials, and others.
This Act modified a number of provisions of ordinary legislation, giving extra powers to the executive or modifying procedures.
Тhe Health Act of 2004 was amended during the pandemic.
The President's request was motivated by the contradiction of the above provisions with the texts of Article 57, para. 3 (prohibition of violation of the listed irrevocable rights), Article 61 (citizens’ obligation to render assistance to the State and society in the case of natural and other disasters), Article 4 (rule of law) and Article 8 (separation of powers) of the Constitution.
Article 63 (as amended, with last amendments in 2020):
(1) In the event of an immediate threat to the life and health of the public owing to the epidemic spread of a disease referred to in Article 61(1), an emergency epidemic situation shall be declared to protect the life and health of said public
(2) The emergency epidemic situation referred to in Paragraph (1) shall be declared for a fixed period by a dedicated decision of the Council of Ministers and following a proposal by the Minister of Health on the basis of an assessment of the epidemic risk in place conducted by the Chief State Health Inspector.
(3) An immediate threat to the life and health of the public referred to in Paragraph (1) shall exist where the assessment referred to in Paragraph (2) finds that the infectious disease referred to in Article 61(1):
1. is caused by a pathogen characterised by a high epidemic potential (infectivity of the virus, high mortality rate, multiple transmission routes and asymptomatic carriers) and/or its source and its transmission mechanism and route are uncommon or unknown; or
2. constitutes a serious threat to public health even where the number of confirmed cases in humans is small; or
3. may obstruct or slow down the implementation of public health control measures (including due to a lack of treatment and/or vaccine and/or existence of multiple outbreaks among others); or
4. cannot be deterred due to low immunity rates in the public; or
5. is uncommon in a given region, for a given season, or population group; or
6. is characterised by a more severe course than expected, a high morbidity rate and/or mortality rate or unusual symptoms; or
7. puts vulnerable or risk groups (children, the elderly, refugees, persons suffering immune deficiency and/or chronic conditions and others) at further risk; or
8. is confirmed to have cases in medical professionals.
(4) Where an emergency epidemic situation referred to in Paragraph (1) is declared, the Minister of Health shall issue an order introducing temporary anti-epidemic measures on the territory of Bulgaria or of a specific region following a recommendation by the Chief State Health Inspector.
(5) The measures referred to in Paragraph (4) may also include a ban on entry into the territory of the country of nationals of other countries, with the exception of citizens with permanent, long-term or continued residence in the territory of the Republic of Bulgaria, as well as their family members.
(6) The measures referred to in Paragraph 4 may also include temporary restriction of movement within the territory of the country, as well as suspension or restriction of the operation or the mode of operation of public use facilities and/or other facilities or services provided to citizens.
(7) Temporary anti-epidemic measures referred to in Paragraph (4) may also be introduced on the territory of a specific region, municipality or settlement by an order of the Head of the relevant Regional Health Inspectorate, where said order is agreed with the Chief State Health Inspector.
(8) Medical treatment and health care facilitates, regardless of their ownership, shall implement the measures introduced under paragraphs 4 and 7.
(9) Central and local government authorities shall ensure the necessary conditions for the implementation of measures referred to in Paragraphs (4) and (7), while the resources for their implementation shall be provided from the state budget or the municipal budgets respectively.
(10) The orders referred to in Paragraphs 4 and 7 shall be subject to appeal before the competent administrative court according to the procedure established by the Code of Administrative Procedure.
(11) The orders referred to in Paragraphs (4) and (7) shall constitute general administrative acts issued under Article 73 of the Code of Administrative Procedure, published on the website of the Ministry of Health or of the relevant Regional Health Inspectorate respectively and subject to anticipatory enforcement.
By Decision No. 10 of 23 July 2020, the Constitutional Court rejected the request as unfounded for the following reasons. With the exception of those explicitly indicated in Art. 57, para. 3 of the Constitution, restrictions of fundamental rights and freedoms are in principle admissible (Decision No 15 of 2001, No 3/2001), without, however, infringing the essential core of the specific right. The guarantee for this is the constitutional rule that the restriction, when permissible, is made only by law (Decision No 15 of 2010, No 9/2010). The contested provisions of the Health Act provide for the restriction of the exercise of certain rights of citizens not on the grounds of Art. 57, para. 3 - in case of declaration of war, martial law or other state of emergency, and on the basis of the special restrictions, provided in the Constitution, which refer to separate fundamental rights.
The legislator has provided that the emergency epidemic situation is declared under strictly specified in the law (Art. 61, para. 1 of the Health Act) cumulative prerequisites. The Constitutional Legislator assigns to the Council of Ministers the power to lead and implement the domestic policy of the country, as well as to ensure public order and national security (Article 105, paragraphs 1 and 2). This power must always be exercised in accordance with the Constitution and the laws of the country. According to Art. 3 of the Health Act, the state health policy is managed and implemented by the Council of Ministers, and the Minister of Health manages the national health care system and exercises control over the activities for protection of the health of the citizens (Art. 5 of the Health Act). Fully within these functions is provided in Art. 63, para. 2 of the Health Act, the competence of the Council of Ministers to declare an “emergency epidemic situation” on the proposal of the Minister of Health.
The exercise of the power of the Government to declare an emergency epidemic situation and the anti-epidemic measures taken by the Minister of Health in implementation of the decision of the Council of Ministers are not out of control. During an emergency epidemic, the Parliament retains all its powers, including overseeing the actions of the Executive. In the event of an emergency epidemic situation, the Council of Ministers shall not revoke the power of the National Assembly to adopt a decision to declare a state of emergency.
The decision of the Council of Ministers to declare an emergency epidemic situation, as well as the orders of the Minister of Health and the director of the respective regional health inspectorate for introduction of temporary anti-epidemic measures are subject to review under the Administrative Procedure Code. In this way, the Legislature, the Executive and the Judiciary retain their constitutional functions in the event of a state of emergency.
The provision is in unison with Art. 61 of the Constitution as well, which requires citizens to provide assistance to the state and society in case of disaster, including to tolerate the measures and restrictions introduced by the state in order to protect and preserve their lives and health. In this case, the disaster was caused by a contagious disease that has reached an epidemic with immediate danger to the lives and health of citizens.
It appears that the temporary adjournment of court proceedings in certain category of cases, ordered by a decision of the Supreme Judicial Council in March 2020, also affected some judicial review proceedings which related to the measures taken by the executive during the COVID-19 crisis. The SCJ later reconsidered its decision opening a possibility to bringing cases about COVID-related measures during the state of emergency.
No national or local referendums in 2020 have been held so far according to information from the Central Election Commission.
Article 98: The President of the Republic shall perform the following functions: 1. schedule elections of a National Assembly and of bodies of local self-government, and appoint a date for the conduct of a national referendum, where the National Assembly has passed a resolution to this effect;
Article 463 (5): Within 14 days after the proposal of the Central Election Commission, the President of the Republic shall schedule by-elections of mayor not later than 40 days in advance of polling day.
Article 465: New elections shall be conducted: 5. where the election of municipal councilors or mayors is declared invalid;
Article 466 (1) (Amended, SG No. 39/2016, effective 26.05.2016): Within 14 days after learning of the circumstances referred to in Items 1, 2, 4, 5, 6 and 7 of Article 465 herein, the Central Election Commission shall propose to the President of the Republic to schedule new elections. (2) Within 14 days after the proposal referred to in Paragraph (1), the President of the Republic shall schedule new elections of municipal councilors or mayors.