Bulgaria’s SJC cancels election of new prosecutor-general
Bulgaria’s Supreme Judicial Council (SJC) voted on January 23 to cancel the process of appointing a new prosecutor-general, following changes to the Judiciary Act passed by Parliament earlier this month.
The bill, which the National Assembly passed on January 15 and entered into force earlier this week, stipulated 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.
Parliament adopted the amendments a day before the SJC was due to hold the election of a new prosecutor general on January 16, with acting prosecutor-general Borislav Sarafov as the only candidate for the position. Following the vote in Parliament, the council decided to postpone Sarafov’s hearing with a view of cancelling the process once the bill was published in the State Gazette.
Additionally, the amendments set 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.
SJC spokesperson Boyan Magdalinchev has previously criticised the bill, saying that the SJC could seek external assistance to challenge the law at the Constitutional Court. The SJC cannot lodge a complaint directly with the court and would need either 48 MPS, the president or ombudsman to file the challenge on its behalf.
(Photo: Clive Leviev-Sawyer)
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