Public consultations upon legal enactment

The recent amendments to the Law on Legislative Acts (promulgated in State Gazette, issue no. 34 dd. 03.05.2016) introduce significant changes in the regulation of legal enactment. The amendments came into force on the 4th of November 2016.

Тhe said amendments introduce the opportunity for an active participation of citizens and NGOs in the legislative process. State authorities, legal entities and citizens will now be able to make suggestions to improve the legislation. Proposals shall be submitted to the authority empowered to issue the legislative act, or to the authority vested with right of legislative initiative.

What are the advantages of the new regulation? 

• Impact assessment of the legislative bills:

In cases provided by law the author of the legislative bill will carry out an impact assessment. The impact assessment will explore the relationship between the defined goals and expected results.

Upon preparation of legislative bills, a preliminary impact assessment will be carried out with participation of citizens and legal entities within public consultations. The results of the implementation of the legislative act shall be verified by subsequent impact assessment and if  necessary can lead to the repeal, amendment or supplement of the law.

Subsequent impact assessment of new laws, codes and regulations will be carried out by the authority  competent for their implementation. Such assessment shall be carried out within five years after the entry into force of the new legislative act and will be published on the Public Consultations Platform, as well as on the website of the relevant authority, respectively on the municipality’s website within 30 days from preparation.

No impact assessment shall be carried out for  the:

– State Budget of the Republic of Bulgaria Act, Law of Budget of the State Social Security and Law on the budget of the National Health Insurance Fund, as well as legislative bills related to the state budget;

– Laws on amending of the Constitution;

– Laws on ratification and denunciation of International Agreements;

– Legislative bills related to the prevention and elimination of consequences of unforeseeable circumstances.

• Preparation of legislative bills by conducting public consultations with citizens and legal entities:

According to the amendments to the Law on Legislative Acts, the preparation of a legislative bill will be conducted in compliance with the principles of necessity, validity, predictability, openness, coherence, subsidiarity, proportionality and stability.

Prior to submitting the legislative bill for enactment by the competent authority, the author of the bill will be obliged to publish its content on the website of the respective institution along with the reasons, the report, and the preliminary impact assessment. When the author is part of the executive power, the publication shall also be uploaded on the Public Consultation Web Portal (www.strategy.bg), and when the author is a local authority the publication shall be made available on the website of the respective municipality or municipal council.

• Compliance verification of the legislative bills:

The legislative bills, subject to review from the Council of Ministers, will be accompanied along with other documents with a by a compliance report regarding its a conformity with the Convention on the Protection of Human Rights, as well as with the case law of the Fundamental Freedoms and the European Court of Human Rights.  This report shall be prepared by the Ministry of Justice.

You can find the whole text of Law here.