The National Network for Children (Bulgaria) shared the opinion of former Constitutional Court Judge Rumen Nenkov (originally published in Defakto.bg) regarding the inadequacy of organized protests against the new Social Services Act (SSA).

Recent protests claim the new law is unconstitutional and sought for it to be repealed before entering into force on 1 January 2020. Protesters also argued in support of Bulgaria possibly leaving the European Union, as they believe the SSA is bound by 'European advice and recommendations, foreign to Bulgarian traditions and morals'.

Judge Rumen Nenkov said that these conclusions were the product of 'lies and shameless manipulation', noting his stance:

My categorical opinion, however, is that there is no basis for declaring the SSA, in its entirety, as counter-constitutional.

Rumen Nenkov presented three possible hypotheses according to which the SSA may be unconstitutional:

  1. when its goal is incompatible with the principles and values established by the Constitution;
  2. when the constitutional powers of certain bodies and institutions are revoked by it;
  3. when in the framework of the general subject of legal regulation, the rights and freedoms of the citizens are unjustifiably punished;

According to the above hypotheses, the SSA is not only not unconstitutional, it is based on ensuring the constitutional rights of the vulnerable and those who need the support of the state. All provisions of the Social Services Act are directly subordinated to the subject and purposes mentioned under art. 1:

The law regulates the provision, use, planning, financing, quality, control and monitoring of social services in the Republic of Bulgaria. (source: Lex.bg)

With these provisions, the state is committed to ensuring equal access to quality and effective social services for people in need and in accordance with their needs. This is authorized in accordance with the preamble of the Constitution of Universal Values (humanism, equality, justice, etc.). Judge Nenkov notes:

Its legislative purpose corresponds to the proclaimed social character of the state as well as to its specific commitments to children left without the care of their close ones (art. 47, par. 4 of the Constitution), to the elderly who cannot take care of themselves or financially support themselves with just their property, to persons with physical and mental disabilities (Article 51, par. 2 of the Constitution).

The entire detailed text, in Bulgarian, describing the position of Judge Rumen Nenkov can be read at Defakto.bg.

Childhub

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