Judiciary in the division and balance of powers

 

 

Independent power exercises the protection of the rights and legitimate interests of citizens, legal persons and the state, which are the main subjects of the law Chapter 6 of the Bulgarian Constitution regulates the judiciary. The judiciary consists of three units of the prosecution courts and the investigation they are the bodies of the judiciary. They have power of authority and their staff have a special status that guarantees their independence from other authorities. The only power of the presumed authority is not active should be addressed. Within the judiciary, the individual units have relative independence and different functions - the court applies the law directly and directly to their law enforcement function, the prosecution maintains the accusations and monitors the observance of the law, the investigative bodies collect evidence in the preliminary proceedings in criminal cases. The judiciary is structurally and functionally distinct. It exercises the judicial function of the state, and this results in the need for guarantees of independence. Jurisdiction must interact with other authorities and not be isolated from them, because if this happens, it will not be able to perform its functions effectively. On a constitutional level, the interaction of the authorities is that, for example, 11 of the SJC members are elected by the SC (Article 130, paragraph 3 of the CRB), the President dismisses and appoints, under certain procedures, the Presidents of the SCC Supreme Administrative Court and the Prosecutor General Article 129 (2) of the CRB), the judiciary has an autonomous budget, but it is adopted by the National Assembly on a proposal by the Council of Ministers (Article 87 (2) and Article 117 (3) of the CRC). chaired by the Minister of Justice (Article 130 (5) K). On the other hand, the acts of the executive, including the Ministers of Justice and the Ministers, are subject to judicial review (Article 125 of the CRB), the Chief Prosecutor may request the removal of the immunity of the MPs. Therefore, a balance is sought between the authorities and their interaction within the single state power. The independence of the judge, the prosecutor and investigator (magistrates) in their work in fulfilling their official duties is distinguished by their irremovability, their immunity from being subject to the law itself when deciding that they can freely build their inner conviction that an act the judge's decision may be overturned by the judiciary, and not by any other authority, the judicial acts after becoming irrecoverable have binding force on all subjects of law by force of judgment.