Prosecutors and investigators disagree with the proposed changes to the Judiciary Act

The Association of Prosecutors and the Chamber of Investigators in Bulgaria objected to the changes proposed in the Draft Law on Amendments and Supplements to the Judiciary Act, published on the official website of the National Assembly on 05.12.2024. “We find them inconsistent with the provisions of the Judiciary Act and the Law on Normative Acts, and in some parts also conflicting with the provisions of the Constitution of the Republic of Bulgaria“, they state in an official position quoted by Nova TV.
According to them, the purpose of every law is to create stability, not a temporary state. “In contrast, the explanatory memorandum to the Draft states that the goal is “to give the National Assembly time to fulfill its constitutional obligations to elect the parliamentary quota and until the NA manages to do so, the judicial system will be managed in a temporary regime“. This goal is incomprehensible from the point of view of the fundamental principles of the rule of law and is inherently illegitimate“, the experts also point out.
“Paradoxically, instead of immediately launching an open and transparent procedure for electing a new SJC, the submitted draft law practically aims to concretize the vacuum and timelessness in the judicial system. The adoption of such legislation would create a dangerous precedent, leading to the official institutionalization of an indefinite, time-hanging situation“, prosecutors and investigators note.