With this declaration, the representative organizations of employers at the national level declare that they are terminating their participation in the National Council for Tripartite Cooperation (NSTS), due to their objections to the adopted amendments and additions to the Law on the Publicity of the Assets of Persons Holding High Government Positions - ZPILZVDD (now the Law on Publicity of the Assets of Persons Holding High State, Public and Other Positions in the Public and Private Sector), publ. in SG, no. 30/26.03.2013/XNUMX/XNUMX:
With the mentioned legal change (Article 2, Paragraph 1, Item 31 and § 5 of the Transitional and Final Provisions of the Law on Amendments and Supplements of the ŽPILZVDD) the scope of this normative act includes the members of the management and control bodies of the representative organizations of employers who, within 14 days of the entry into force of the law, undertake to submit the declarations required by law to the Audit Chamber.
I. This legal change is unconstitutional for the following reasons:
1. The legal procedure was violated when adopting the amendment. As a result, the Law on Amendments and Supplements to the ŽPILZVDD was proposed, discussed and voted on in the most opaque way, which initially creates doubt that the legal change has goals dictated by an important public need.
It is a paradoxical fact that the law, which aims for the greatest transparency in civil society, is amended and supplemented in a covert manner.
2. The mentioned legal change is in violation of several constitutional norms.
· The provision contradicts Art. 32, para. 1 of the Constitution of the Republic of Bulgaria, it represents an inadmissible interference in the inviolable private life of citizens, as it is an excessive and unfounded measure exceeding the goals of the law. The essence of these goals is to make public the property and changes in it of persons who receive budget funds. No national employers' organization, much less the members of its management and control bodies, are supported by budget funds. Quite the opposite – the work of these persons in the organizations is gratuitous and has no dependence on public funds.
Any law, to be constitutional, must pursue and be able to achieve a certain goal consistent with constitutional values. An aimless law is unconstitutional, as is a law that ostensibly wants to achieve the realization of a constitutional value, but in fact was passed to achieve another unconstitutional result.
· The addition in item 31 of Art. 2, para. 1 of the Law in terms of its content and legal consequences does not achieve the objectives under Art. 4, para. 1 of the Constitution and contradicts the signs of the rule of law – stability and predictability:
The consent given by the members of the management and control bodies to work as such was stated under conditions different from the current ones, which occurred after the change of the ŽPILZVDD.
· The addition in item 31 of Art. 2, para. 1 of the Act violates the principle of equality as a "common human value" and the requirement of justice (par. 2 of the Preamble of the Constitution). This principle requires equal and equal treatment of citizens and other legal entities. "Equality" as a constitutional principle stated in para. 2 of the Preamble of the Constitution is further developed in its Art. 6, as "equality before the law" (para. 2, ex. 1) and as a ban on the introduction of restrictions and privileges based on the exhaustively listed signs.
The provision in question discriminatoryly sets a much shorter (14-day period from the publication of the legal amendment) for the declaration of assets by the members of the management and control bodies of the national employers' organizations, compared to the one-month period - for the other persons who are within the scope of this law.
II. The objections of the members of the management and control bodies of the national employers' organizations against their obligation to declare and declare their assets do not in any case exclude (the opposite - once again they categorically confirm) their understanding and behavior of tax propriety and economic behavior in accordance with the regulations.
1. The members of the management and control bodies believe that with the addition of the Law, with which data about their property is published on the Internet, conditions are created for pressure (on them and their families), both political and criminal.
The real concerns of the persons who manage the employers' organizations are that these organizations, from being a partner and a natural corrective to the state institutions, can become the object of racketeering and speculation.
2. There is no known analogue of a similar normative decision in other European countries. Therefore, the national employers' organizations consider that the amendment of the Law violates the established European and social model of cooperation.
Based on the arguments presented the employers' representative organizations at the national level state that they are terminating their participation in the NSTS with immediate effect.
INDUSTRIAL CAPITAL ASSOCIATION IN BULGARIA: VASIL VELEV
BULGARIAN CHAMBER OF COMMERCE: BOZHIDAR DANEV
BULGARIAN CHAMBER OF COMMERCE AND INDUSTRY: Tsvetan Simeonov
CONFEDERATION OF THE EMPLOYERS AND INDUSTRIALISTS IN BULGARIA: FIRE DONEV
This declaration was delivered to the chairman of the NSTS before the meeting on 02.04.2013/XNUMX/XNUMX.
http://www.turbulence.tech