THE JURISDICTION OF THE COURTS UNDER ARTICLE 150, PARAGRAPH 2 OF THE CRB IN THE EVENT OF A CONTROVERSY WITH EU LAW ESTABLISHED IN A CRIMINAL CASE

The article examines the authority of Bulgarian courts in cases of conflict between national legislation and EU law under Art. 150, para. 2 of the Bulgarian Constitution. National courts must ex officio verify the compliance of applicable norms with EU law and, if a conflict is found, disapply them without involving the Constitutional Court (CC). This obligation stems from the principles of primacy, direct effect, and consistent interpretation of EU law. The CC lacks jurisdiction to assess compliance of laws with EU law, focusing solely on constitutional conformity. In a specific case, the Svilengrad District Court erroneously referred the matter to the CC instead of independently disapplying the conflicting norm. Violations of EU law do not inherently violate the Constitution unless they affect Art. 5, para. 4, which pertains to international law.