dz 051124 P Kirov

Summary

In a detailed discussion, Professor Plamen Kirov addresses the political and legal challenges surrounding recent Bulgarian elections. The conversation highlights the role of the Constitutional Court in determining the legality of election results, the limitations of current election laws, and the political motivations behind calls for annulments. The professor critiques the existing election code, advocating for a complete overhaul to address issues like vote buying and ineffective election monitoring. The debate explores both legal and political dimensions, emphasizing the need for more robust, transparent, and accountable electoral practices in Bulgaria.

Takeaways

• 😀 Professor Kirov emphasizes that many political parties' calls for election annulment are unrealistic due to the Constitutional Court's limited role in election disputes.
• 😀 The Constitutional Court can only rule on whether there were violations affecting the election results, not perform actions like recounting ballots.
• 😀 Kirov explains that certain political parties' demands, such as a full recount, are legally impossible, as the Constitutional Court cannot function as an election commission.
• 😀 The President, according to Kirov, has acted appropriately by waiting to convene the new parliament and deciding whether to consult the Constitutional Court.
• 😀 The role of video surveillance in elections has been questioned, with Kirov dismissing it as a superficial measure that doesn’t contribute to legal accountability or correct mistakes.
• 😀 Kirov clarifies that buying votes in Bulgaria is a complex process, often involving intermediaries rather than direct involvement from political party leaders.
• 😀 There is a significant concern over vote-buying within election commissions, where members may overlook irregularities, allowing fraudulent practices to continue.
• 😀 Political parties and their leaders may not always be aware of fraudulent practices happening on the ground, especially when votes or preferences are bought at the local level.
• 😀 Kirov notes that despite accusations of electoral fraud, legal actions are difficult to pursue because evidence is hard to substantiate, and culpability often lies within lower-level party structures.
• 😀 There is a call for a complete overhaul of the election code, as the current legal framework is filled with inconsistencies and does not adequately address emerging issues like video surveillance and vote-buying.

Q & A

What is the central issue discussed in the transcript?

The central issue in the transcript revolves around the legality and potential annulment of recent election results in Bulgaria. Various political parties have raised concerns about the fairness of the elections, with some calling for the results to be either partially or fully annulled. The conversation also touches upon the role of the Constitutional Court and the legal challenges surrounding election processes.

Why does Professor Plamen Kirov believe that some of the political requests to annul election results are insincere?

Professor Kirov suggests that some of the political parties' requests to annul the election results are politically motivated and legally impossible. He emphasizes that certain requests, such as calling for the Constitutional Court to recount all the ballots, are unrealistic, as the court does not have the authority to perform such tasks.

What is the role of the Constitutional Court in election disputes in Bulgaria?

The Constitutional Court in Bulgaria can rule on whether election results are legally valid or not. It can annul the election results for specific candidates if legal violations are found, but it does not have the authority to recount votes or perform administrative tasks like a Central Election Commission or sectional election commissions.

Can the President of Bulgaria directly challenge election results in the Constitutional Court?

Yes, the President of Bulgaria can challenge the election results in the Constitutional Court, as outlined in the Bulgarian Constitution. However, other entities, such as the government or the Supreme Courts, do not have the power to initiate such challenges.

What is the timeframe for the Constitutional Court to make a decision regarding election disputes?

The Constitutional Court has a two-month period to make a decision on election disputes, as outlined by the Election Code. This timeframe ensures that legal challenges are addressed in a reasonable time frame after elections.

What does Professor Kirov suggest about the quality of the current electoral system in Bulgaria?

Professor Kirov argues that the current electoral system is flawed and in need of significant reform. He criticizes the existing Election Code, which he describes as a series of 'patches' rather than a coherent system, and suggests that a completely new electoral code should be written.

How does the issue of vote-buying factor into the election dispute discussions?

Vote-buying is a key concern in the discussions, with claims that certain political parties may be involved in manipulating the election results. The conversation reveals that vote-buying extends beyond just purchasing individual votes; it also involves buying preferential rankings within party lists, which can significantly alter the outcome of the elections.

What is the significance of the videomonitoring system in Bulgarian elections, according to the transcript?

The videomonitoring system was introduced as a way to increase transparency in the election process, but it is criticized in the transcript for being ineffective in preventing fraud. Professor Kirov points out that while it may provide visual documentation of the process, it has no legal consequences and does not directly address issues such as vote-buying or manipulation of election commissions.

Why does Professor Kirov believe there is little public accountability regarding election fraud?

Professor Kirov highlights the lack of meaningful accountability for election fraud, particularly when it comes to the manipulation of election commissions. He argues that election commission members may turn a blind eye to irregularities or fraud, undermining the integrity of the election process.

What are the potential consequences of the Constitutional Court ruling on election results after the 51st parliament has been formed?

If the Constitutional Court rules on election results after the 51st parliament has been formed, it could lead to a situation where the composition of the parliament changes. However, the legal process does not automatically delay or invalidate the seating of newly elected members, as the court's ruling does not affect the immediate actions of the Central Election Commission.