REMEMBRANCE IN TIME - Index of

Lora DONCHEVA: The Democratic Alternative for the Development of Bulgaria… 215
Constitutionalism is revealed in the consistent and comprehensive proclamation of human
rights and freedoms, in the precise determination of the limits of interference by the state with
respect to the citizens’ autonomy. In all drafts by the opposition comprehensively and
thoroughly are set forth the personal, political and social rights of citizens.
The freedom and inviolability of the person are bound by the constitutional prohibition
for passing retroactive penal laws, setting up of exclusive courts, concentration camps
and forced labour education homes, guaranteeing the secrecy of correspondence and
inviolability of the home. Penal liability is personal and no person can be punished
without a sentence passed by the respective court, which has become effective. Tortures
of any form and any accusation are explicitly prohibited, as well as the confiscation of
property as punishment for any committed offence. In the draft by BZNS-NP there is a
text, which excludes the death penalty iii and in the draft by Prof. V. Ganev, the death
penalty is permitted only in case of martial law, but even then it is impermissible for
political crimes iv .
The right of freedom of speech and press is clearly and unambiguously stipulated,
bound by the prohibition of censorship of any form. The right to association and
organization is guaranteed without asking the respective authorities for preliminary
permission, as long as their aims and means are not contradictory to the Constitution and
the state and public order. As a fundamental right is defined the freedom to assemble
peacefully without any arms, without being obliged to ask any authority for preliminary
permission. In the draft by the DP there is a text, prohibiting coercive persuasion on the
citizens for membership in organizations and associations in order to enjoy their right to
work, or to be awarded with “certain benefits and advantages of professional, economic
or official character” v .
The drafts by the opposition also lay down the fundamental social rights of the citizens.
They provide for compulsory and free basic education, ensuring equal and free access to
universities without any restrictions on the grounds of nationality, religious or political
affiliations (art. 79 of the draft by Prof. V. Ganev) vi . Art. 101 of the draft by BZNS-NP
defines education as “free and democratic” vii , and art. 121 of the draft by the DP
recognizes the scientific and administrative autonomy of universities viii . The right to work
and employment is related to the freedom of the citizens to choose for themselves their
occupation and work (art. 122 of the draft by the DP) ix , as compulsory attachment to
farms, factories or institutions (art. 96 of the draft by BZNS-NP) x . In all drafts by the
opposition, the protection of the right to work is guaranteed by the right to trade union
actions, including the right to strikes within the limits of the law.
The democratic spirit is seen in determining the responsibility of the state when civil
rights and freedoms are infringed. Art. 89 of the draft by Prof. V. Ganev underlines that
the rights and freedoms, enshrined in the Constitution, cannot be “restricted, limited or
impaired” by any legal or administrative acts by state authorities or actions of individuals.
Any encroachment on the rights and freedoms of the citizens is indictable. It is explicitly
stipulated that any criminal offences committed against the personal inviolability, which
are related to torture and violence against the detained person, “shall not prescribe with
time, shall not be amnestied and those convicted of such offences may not be pardoned”
xi . Though more briefly, art. 116 of the constitution draft by BZNS-NP clearly states that
offences against personal inviolability, accompanied by violence against the detained, as
well as those in case of elections or referendum “shall not lapse by prescription, the
actions shall not be amnesties and the convicted persons may not be pardoned” xii .