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Decision of the Constitutional Court that Section 5 of Article 40, Paragraph 1 of CIPA is against the Constitution

With Decision No. 7 dated 21st June 2016 on constitutional case No. 8 dated 2015, promulgated in SG 49/2016 the Constitutional Court ruled that the provision of Article 40, Paragraph 1, Section 5 of the Classified Information Protection Act (CIPA) is against the Constitution.

The provision regulates one of the requirements for issuing security clearance and this is namely the requirement that the person shall not be subject of any preliminary legal proceedings or legal proceedings for crime of general character.

The Constitutional Court has accepted that the provision of Article 40, Paragraph 1, Section 5 of CIPA is in collision with the constitutional norms of Article 31, Paragraph 3 and 4 and Article 48, Paragraph 1, sentence 1 – the presumption of innocence, restriction of the rights of the defendant exceeding the necessary actions for fulfilling justice as well as the right of labor guaranteed by Constitution.