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Ekaterina Mihailova: The Institution of the Caretaker Government Creates Tension


"The constitutional construction of a caretaker government is inconsistent with what our Constitution stipulates. We see at the moment that this is part of the problem of resolving the conflict between the institutions and the protesters." This was said to BNR by Prof. Ekaterina Mihailova, a professor of constitutional law at NBU and a politician in the years of transition. She emphasized that she was a committed advocate of parliamentary democracy and parliamentary governance.


 

"The caretaker government is an artificial construction which is not present in almost all constitutions used as a basis for making ours. It is intended to prepare an early parliamentary election, it has all the powers as the regular one except for control functions. The President is the only one who can control it… The institution of the interim government creates tension, it does not solve problems," Mihaylova added.

 

According to her, the most important thing for some elections is the emotion that will lead many people to the ballot box and, thus, the purchased vote will sink down.

 

Regarding the protests, Prof. Mihaylova pointed out that there are two rights - that of free movement and that of assembly and demonstrations. "Both rights may be restricted… According to the case law of the European Court of Human Rights the right to political rights is highly supported and if there are difficulties for the citizens, then the powers of the authorities that solve such issues (the mayor) allow actions to be taken to alleviate the situation. We have a competition of two rights one to another… Our Constitution states that the principle of proportionality must be observed, that is, not to impose sanctions on those who create difficulties for other people," she explained.

 

Prof. Ekaterina Mihailova added: “I do not think that the Constitution is outdated, but it does not mean that everything in it is perfect. I’ve been long urging for the prosecutor's office to be changed, for new accountability to be sought. I am not a supporter of an entirely new Constitution and the convening of a Grand National Assembly."

 

Regarding the impeachment appeals, Prof. Mihaylova commented that "this is a rather complicated procedure and requires a sizeable majority of 2/3 of the MPs for supporting such a request." "The procedure can start but I doubt it will end," she said.

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