Can the amendments to the Judiciary Act adopted by the Legal Committee, which suspend the procedure for the election of Borislav Sarafov as Prosecutor General, be passed in the plenary hall. And what will be the role of the president… Former Minister of Justice Anton Stankov spoke to FACTI.
- Lawyer Stankov, the time until January 16 is approaching, when the date for the election of a new Prosecutor General is approaching. What do you expect to happen?
- It seems that this Supreme Judicial Council, as a competent body, determined by the Constitution of Bulgaria, must fulfill this obligation. The thing that the Supreme Judicial Council can do at the moment is, taking into account the public tension that is currently there, to postpone the election for some time. But I don't believe that this can happen.
- And the fact that the Legal Committee in parliament considered bills that could stop the procedure, can it pass in the plenary hall by January 16…
- Practically it couldn't. Unless the political forces agree in a short general bill to mark the suspension of the election. Then there is more of a chance by January 16. But we must realize that the deadline is not exactly January 16, because the president also has a role.
- If the head of state Rumen Radev does not sign the decree, he will give more time to the parliament…
- That's right. The president can do something to give the institutions more time to react. The thesis about the questions to the Constitutional Court about who has the right to propose a new prosecutor general is also valid.
- Can the Supreme Judicial Council with an expired mandate elect a new prosecutor general?
- Excuse me, but the expired mandate of the Supreme Judicial Council is not a problem of the Supreme Judicial Council, but a problem of the National Assembly. The judiciary held elections for its quota on time, but because the parliament could not elect representatives, the new composition of the Supreme Judicial Council did not take place.
- So you do not expect any surprises in the decision at the Supreme Judicial Council. We have a single candidate...
- At least for the moment, I do not see how there will be any surprises in the election of the prosecutor general. The comments are very clear. In fact, this is the history of this Supreme Judicial Council. It elected Ivan Geshev, then removed Ivan Geshev. In general, its behavior is predictable.
- And since you mentioned Ivan Geshev. Can we expect the same fate to befall Borislav Sarafov. Now elected, and replaced after a year… Or can someone guarantee him the seven years…
- When you say someone guarantees the seven years, there is another question. Whether, when we have a prosecutor general who is released early, the next one should not finish the term of the released one. That is, Ivan Geshev. I am a supporter of this thesis, but the Constitutional Court should again be asked about this issue.
- We saw how Geshev was appointed and released, so whether Borislav Sarafov can feel calm and comfortable in his post. Politicians have a role here…
- Borislav Sarafov took actions against politicians, so we can expect counter-reactions. I cannot predict whether a new impeachment, figuratively speaking, of the new prosecutor general can be expected. Already on the occasion of the election that did not take place, we can turn to this new figure of prosecutor Daniela Taleva, who has the right to investigate the prosecutor general. At the moment, Ms. Taleva is not giving clear explanations to the public. There are questions that have not been answered properly.
- And the information that was presented by BOEC, about the connections of members of Borislav Sarafov's family and cash flows to them…
This information was presented by a non-governmental organization. I am not familiar with the details and cannot comment. This must be verified. This is the power of non-governmental organizations - to be corrective.
- Prosecutor Taleva can initiate proceedings herself…
- She could. But for the moment she is acting unconvincingly. She should either indicate that everything is in order around Borislav Sarafov, or say that she has doubts. And if he says he has dreams, that would already compromise his candidacy.