Area Handbook For Bulgaria Part 17

Representatives served terms of four years but could be recalled at any time before the expiration of their terms. The const.i.tution required the a.s.sembly to meet twice a year and on other occasions as required by its presidium, which met in continuous session.

The many functions of the National a.s.sembly included electing the presidium, Supreme Court judges, and the chief prosecutor; appointing the Council of Ministers; amending the const.i.tution; granting amnesties; deciding the holding of referenda; voting on the general economic plan; settling questions of war and peace; and other legislative matters of nationwide application.

Within the a.s.sembly the presidium--consisting of a president, two vice presidents, a secretary, and fifteen members--was empowered with legislative-executive authority, and it exercised judicial power in the interpretation of laws that were binding on everyone. More importantly, the presidium a.s.sumed the powers and functions of the National a.s.sembly when the latter was not in session. In effect, the small presidium exercised the legislative function most of the time.

Executive and administrative direction was vested in the Council of Ministers, a cabinet elected by the National a.s.sembly. The council consisted of a chairman, several deputy chairmen, the heads of various commissions having ministerial rank, and the ministers. The council was a.s.signed the tasks of directing and administering the various ministries that were concerned with the economy as well as with affairs of state; the State Planning Committee; the State Control Committee; and the Committee on Art and Culture; as well as the Committee on Science, Technical Progress and Higher Education. In practice, the council implemented policy decisions of the party leaders who were its high-ranking officers.

Following the Soviet model, the first secretary of the party was also the chairman of the Council of Ministers and, as such, was the country's premier. It became evident through the years that the Council of Ministers and the Presidium of the National a.s.sembly were the ultimate sources of governmental authority because legislation they proposed was usually implemented by decree and approved, after the fact, by the National a.s.sembly.

The 1947 Const.i.tution treated the economic and social structure of the country extensively. It subscribed to collective owners.h.i.+p of the means of production; defined rules of national economic planning and social welfare; empowered the government to nationalize trade, industry, and transportation; expropriated land where necessary; and restricted owners.h.i.+p of private property--all in the interest of the state. The const.i.tution also gave the state the prerogative to establish monopolies over production and trade.

Below the apex of the governmental pyramid lay the wide base of local governments. These consisted of district and communal people's councils exercising authority through their executive committees, which sat in continuous session. The executive committees of the people's councils cooperated closely with local party groups, and personnel were often concurrently members of executive committees and local party committees.

Although the organization of local government was revamped in 1949, in 1951, and in 1959, by the mid-1960s it was replaced by twenty-seven districts plus Sofia, which became a territorial administrative unit.

The decentralizing of governmental authority to the local organs of state power was designed to bring about greater efficiency and better supervision in matters of political, economic, and cultural interests.

The Const.i.tution of 1971

The Const.i.tution of 1971 was the result of the work of the Tenth Bulgarian Communist Party Congress, which was held April 20-25, 1971, in Sofia. This congress also produced a new program for the BKP, made changes in statutes, elected the Central Committee of the Bulgarian Communist Party, and adopted "Directives on the Socio-Economic Development of the People's Republic of Bulgaria during the Sixth Five-Year Plan (1971-75)."

The draft of the new const.i.tution was presented for nationwide discussion on March 30, 1971, just three weeks before the opening of the tenth BKP congress. The congress approved the draft in its entirety on the opening day of session. The const.i.tution was approved through a popular referendum on May 16 and was proclaimed law two days later by the National a.s.sembly. General elections under the new law took place on June 27, 1971.

The structure and functioning of the different organs of state power as outlined in the Dimitrov Const.i.tution remained essentially the same except that the State Council became a more powerful governmental body than the Presidium of the National a.s.sembly that it replaced and, in effect, overshadowed the Council of Ministers in authority. The new doc.u.ment continues to define Bulgaria as a people's republic but also refers to its socialist character and to its members.h.i.+p in the international community of socialist states. Two new features are the declaration of principles in the preamble and the sanction given to the leaders.h.i.+p of the BKP, aided by the Bulgarian Agrarian Union (also called the Agrarian Party) within a united Fatherland Front (see ch. 9).

The Const.i.tution of 1971 reflects the new changes in the sociopolitical and socioeconomic development of the country as viewed by the communist leaders.h.i.+p. The first chapter consists of twelve articles that briefly define the political philosophy upon which the const.i.tution is based and the direction in which the party expects the country to move under the new charter. Simply stated, the philosophy avows that Bulgaria is "a socialist state of the working people of town and country, headed by the working cla.s.s," and "the guiding force in society and the state is the Bulgarian Communist Party." The direction of movement expected by the country's leaders.h.i.+p is evidenced by the a.s.sertion that "the socialist state shall promote the evolution of the socialist society into a communist society." This chapter also affirms the Marxist-Leninist principles that underlie the functioning of the state and the society.

The new doc.u.ment also addresses itself to significant changes in the interrelations.h.i.+ps between the National a.s.sembly, State Council (formerly the presidium), and the Council of Ministers. For instance, the const.i.tution expanded the right of legislative initiative to include not only the National a.s.sembly and the Council of Ministers but also the State Council, the permanent commissions of the National a.s.sembly, the Supreme Court, the chief prosecutor, and the district people's councils.

The rationale was that the National a.s.sembly is not a continuously sitting body so that its functions must, of necessity, be a.s.signed to state bodies of a permanent nature.

Twenty articles explain the economic system and development of the republic based on the socialist owners.h.i.+p of the means of production.

The const.i.tution recognizes four kinds of owners.h.i.+p: state, cooperative, public organizations, and individual or personal.

The Law on Citizen's Property pa.s.sed during the session of the National a.s.sembly in March 1973, however, nearly abolished the private owners.h.i.+p of the means of production which, according to communist theory, is the basis for the exploitation of man by man. The new measure gave legal expression to what had been planned since the const.i.tution was promulgated in 1971 and reflects the complete predominance of collective owners.h.i.+p in furtherance of the spirit of the tenth BKP congress.

Private owners.h.i.+p is confined to "items for personal use."

Basic rights and liberties of citizens get const.i.tutional guarantees, but in almost every stipulation that hinges on personal, civil, and political rights, in practice, the interest and welfare of the state take precedence. Basic rights and obligations embrace a wide scope of personal, civil, and political freedoms. Among these guarantees are the right to Bulgarian citizens.h.i.+p; civil rights of spouses, parents, and children; rights to work, rest, and receive health care and free education; freedoms of speech, press, a.s.sociation, and demonstration; rights to secrecy of correspondence and communication except in cases of national emergency; and freedom of wors.h.i.+p. All citizens are declared to be equal before the law regardless of national origin, creed, social status, education, or s.e.x. Article 36 extends to women equal rights with men. Mothers are guaranteed all-expense-paid hospitalization and maternity care, paid maternity leave of absence, and provision for children's care in nurseries and other establishments provided by the government. The protective arm of the state also extends to its citizens overseas.

Rights have commensurate obligations defined by the const.i.tution to ensure the survival and strengthening of the socialist foundation.

Foremost among these are the obligation to work according to one's abilities, the defense of the state, compulsory military service, and tax obligations for state support. Treason and other high crimes against the state, such as inciting war and disseminating propaganda, are treated with severity.

STRUCTURE AND FUNCTION OF THE GOVERNMENT

The Central Government

The const.i.tution exhibits an image of legislative supremacy a.s.serting that power belongs to the people and is exercised through such elected representative bodies as the National a.s.sembly and the people's councils. The practice, however, shows executive political hegemony exercised by the party leaders.h.i.+p occupying positions of governmental responsibility, such as the head of the Council of Ministers and head of the State Council. The power exercised by a government organ is directly linked to the party positions held by its head and by its members. For example, Todor Zhivkov as president of the State Council (a position that automatically makes him president of the republic) is at the same time first secretary of the party and a member of its Politburo. Stanko Todorov, who is chairman of the Council of Ministers and thereby premier of the republic, is also a member of the Politburo.

Several other members of the State Council and the Council of Ministers are concurrently members of the Politburo, the Secretariat, or the Central Committee. This interlocking of positions, which occurs not only at the national level but at all levels, ensures party control of the entire governmental system (see fig. 6).

State Council

The source of executive direction and control in the government is the State Council, a twenty-four-man executive committee within the National a.s.sembly elected for an indefinite term until a new National a.s.sembly elects a new council. It functions as a collegial executive and legislative body, and its president a.s.sumes the t.i.tle of president of the People's Republic of Bulgaria.

The State Council of the National a.s.sembly replaced the former presidium, to which the 1947 Const.i.tution had given honorific t.i.tles but largely ceremonial functions. Conceived during a plenum of the party Central Committee in 1968 but not established until after the promulgation of the new const.i.tution in 1971, the State Council was designed to be a powerful force, both executive and legislative, in the overall governmental structure. The best evidence to the power inherent in the structure of the new State Council was the fact that party leader Zhivkov chose to relinquish the premiers.h.i.+p, which he had held for several years, in favor of the newly created position of president of the State Council. Zhivkov is one of a very few leaders of communist countries who continues to retain the top position in both the party and the government.

The State Council exercises a wide spectrum of authority that would theoretically be the responsibility of the National a.s.sembly. In effect the State Council becomes the alter ego of, or a surrogate for, the National a.s.sembly and arrogates to itself the const.i.tutional prerogatives of the people and the elected legislature. Most members of the State Council are concurrently high-ranking members of the BKP.

Among the many duties and responsibilities of the council, the most important can be divided into two definite groups: those functions that are specifically defined and thereby permanent and those functions that the council a.s.sumes when the legislative body is not in session. During wartime, when it might not be possible for the a.s.sembly to meet, the const.i.tution provides for the complete a.s.sumption of legislative and executive authority by the State Council.

The State Council's specific and permanent functions include, among others, calling the National a.s.sembly into session, exercising the right of legislative initiative, determining bills that should be submitted to the people for nationwide discussion, interpreting the laws and decrees binding on everyone, creating and eliminating departments below ministerial level, appointing and recalling diplomatic representatives, granting Bulgarian citizens.h.i.+p, ratifying international treaties concluded by the government, and implementing the general direction of the defense of the country.

[Ill.u.s.tration: _Figure 6. Bulgaria, Structure of Government, 1973_]

When the National a.s.sembly is not in session, the State Council is empowered to promulgate decrees and other acts of legal validity dealing with problems arising from laws and decrees of the legislative body.

Furthermore, these acts and decrees have the force of law and need no legislative confirmation at the next a.s.sembly session.

Additionally, the council exercises executive control over the Council of Ministers, its members, the local people's councils, and the Office of the Chief Prosecutor; it can repeal decisions of the ministries and other central departments, which in effect reduces the Council of Ministers to a grade below the State Council. In the event of war the State Council, in the absence of the National a.s.sembly, is empowered to sign peace treaties, to amend the const.i.tution, to grant amnesty, and to change the territorial boundaries of the country. In sum, the functions of the State Council can be categorized into executive, legislative, judicial, and police. In carrying out these multifarious responsibilities, six councils and two committees a.s.sist the State Council, (see fig. 7).

Council of Ministers

The Council of Ministers is described in the const.i.tution as "a supreme executive and administrative body of state power." In practice the council is more of an advisory body to the State Council than it is a supreme body even though it oversees the day-to-day functioning of the government. In 1973 the council consisted of a chairman (the premier), two first deputy chairmen, five deputy chairmen, twenty ministers, and several chairmen of committees subordinate to the council. Additionally, there are other members in the council; they are ministers without portfolio (two) and the deputy chairman of the State Control Committee.

Within the council there is an inner executive committee known as the Bureau of the Council of Ministers; its members.h.i.+p includes the chairman, his seven deputies, the minister of finance, and the chairman of the State Planning Committee.

Election and organization of the Council of Ministers is done by the National a.s.sembly, which determines the number, kind, and names of the ministries and of other departments with ministerial rank. For this reason the number of ministries and central agencies may vary from time to time. The Const.i.tution of 1971 introduced two new features that did not exist in the 1947 Const.i.tution. One obliges the Council of Ministers to give an accounting of its work to the State Council and another limits the rights of the Council of Ministers over the executive committees of the people's councils.

Some of the functions of the Council of Ministers overlap those of the State Council. Categorically, these functions may be grouped together as executive, legislative, economic (budget preparation), police, and military.

The Council of Ministers also has jurisdiction to form--for the purpose of administration--committees, councils, general boards, and offices.

Also within their competence, ministers and heads of departments with ministerial rank have the right to issue orders and rescind unlawful or irregular acts and actions of the special bodies of the people's councils. They also have the right to suspend acts of the executive committee of the people's councils.

[Ill.u.s.tration: _Figure 7. Bulgaria, Organization of the Council of Ministers, 1973_]

The const.i.tution empowers the Council of Ministers to draft and implement national economic plans for submission to the National a.s.sembly. The council has police power in the maintenance of public order and security and has general command of the armed forces. Along with the State Council it implements the direction and control of the activities of the people's councils.

The National a.s.sembly

The National a.s.sembly, a unicameral legislature, is the only legislative body of the central government, but legislative initiative has been extended to several other governmental organs. In practice the State Council appears to be the most powerful organ of government as well as the princ.i.p.al initiator of legislative matters. The a.s.sembly, which meets only three times each year in short sessions, would appear to have more form than substance in the actual governmental affairs of the country. It would seem to be impossible for anyone to become a member of the a.s.sembly or of the State Council without prior approval of the BKP (see ch. 9).

The a.s.sembly's 400 members represent voting districts of equal numbers of inhabitants per delegate. The term of office is five years. This was another innovation in that the BKP hierarchy decided that party congresses would be held every five years instead of four and, therefore, elections to the National a.s.sembly should be changed in the same manner. In the exercise of its functions, the National a.s.sembly can dissolve itself, and in emergency situations it may extend its term.

The manner in which the National a.s.sembly operates, that is, the infrequency and brevity of sessions, makes it imperative for permanent commissions, in addition to the State Council, to carry on the multifarious functions of the a.s.sembly. In 1971 there were twelve permanent commissions, half of which had overlapping functions with various ministries. The const.i.tution does not specify how many permanent or interim commissions the a.s.sembly should appoint but leaves such matters of organization to the a.s.sembly itself.

Local Government

Territorially, Bulgaria is divided into twenty-eight districts (_okruzi_; sing., _okrug_), about 200 munic.i.p.alities, and about 5,500 villages. The munic.i.p.alities, if size warrants, are divided into urban const.i.tuencies (_rayoni_; sing., _rayon_), whereas villages are usually grouped together to form rural const.i.tuencies known as _obshtini_ (sing., _obshtina_). Since 1959 the number of districts has remained constant at twenty-eight, which includes one for the city of Sofia. The number of urban and rural const.i.tuencies, on the other hand, changes frequently as the population increases and as people move from the countryside to the cities or move from cities to suburban areas.

Districts and urban and rural const.i.tuencies are governed on the local level by people's councils, and in the 1971 elections there were almost 1,200 such councils with a total of more than 53,000 elected officials.