Bulgaria’s Parliament amends law on top posts in judiciary

Bulgaria’s Parliament passed at second reading on January 15 a bill amending the Judiciary Act, which will limit the appointment powers of some members of the Supreme Judicial Council (SJC).

The bill’s provisions stipulate that SJC members who are in office even after their terms expired, on the basis that the position should remain filled until their replacements are appointed, cannot participate in electing the prosecutor-general or the heads of the Supreme Administrative Court and Supreme Court of Cassation.

The amendments were prompted by the current process to elect a permanent prosecutor-general, in which the SJC is due to vote on the sole nominee Borislav Sarafov, who is also acting prosecutor-general, on January 16.

Sarafov’s nomination has come under repeated criticism for his views on how the prosecutor’s office should operate, but also on the grounds that members of the SJC with expired terms should not make long-term appointments in the judiciary.

Additionally, the bill sets a six-month limit on the period of time that an acting prosecutor-general or head of high court can spend in office. This means that Sarafov, who was appointed as acting prosecutor-general in July 2023, can not remain in that position for an indefinite amount of time.

The process to elect Sarafov would be cancelled even if the SJC votes in favour of his nomination on January 16, provided the bill goes into effect before President Roumen Radev signs a decree appointing Sarafov.

Sarafov is not the only one affected by the bill – the head of the Supreme Administrative Court Georgi Cholakov, whose term expired in November and who remains at the helm of high court in acting capacity, will also be subject to the six-month limit.

(Photo: parliament.bg)

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