President Rumen Radev referred the Constitutional Court to the changes in the Law on the Protection of Agricultural Lands
According to the Bulgarian constitution, the land is a basic national wealth and the legislator must protect it and not allow encroachments on it, is the position of the head of state
With the promulgated Law on Amendments and Supplements to the Law on Energy from Renewable Sources - part of the laws under the Recovery and Sustainability Plan - the people's representatives also introduced changes to the Law on the Protection of Agricultural Lands, with which the president does not agree. By removing almost all restrictions on the placement of RES installations on arable land, the new regulations create the risk of uncontrolled conversion of agricultural land into any type of power plant. Allowing the construction of facilities for wind, solar, hydroelectric, geothermal or energy from biomass and biofuels, on high-quality land (5th category), allows changing the purpose of the majority of agricultural lands and pastures in Bulgaria.
According to the president, this contradicts the provision of art. 21 of the Constitution of the Republic of Bulgaria, according to which land is the main national wealth, and arable land is used only for agricultural needs. Changing its purpose is allowed only exceptionally and in case of proven need. Neither in the reasons nor in the debates on the bill was such a need discussed. Moreover, the objections of the Ministry of Agriculture and Food were not taken into account, and a large part of the controversial texts were introduced between the first and second reading.
Therefore, taking into account the paramount importance of protecting agricultural lands, the President exercises his power to refer the matter to the Constitutional Court with a request to declare unconstitutionality §78 of the Renewable Energy Law Amendment Act.