The National Assembly adopted an unconstitutional law. The Supreme Judicial Council (SJC) cannot elect a prosecutor general, but it can appoint judges, hold competitions, and make a budget for the judiciary - no matter that its mandate has expired. The law was adopted as an already established practice of non-compliance with the Constitution and no one will attack it. This was stated by Prof. Plamen Kirov, a lecturer in constitutional law and a former constitutional judge, regarding the fate of Borislav Sarafov as a future prosecutor general.
Prof. Kirov reminded of something else - the law actually prohibits members of the Supreme Judicial Council whose mandate has expired from electing a prosecutor general - now let's check who has expired.
The professor did not comment on BNT, but only hinted - if there are those whose mandate has not expired, should they make an election?
According to former GERB MP Radomir Cholakov, there are 11 members of the Supreme Judicial Council, i.e. the political quota, whose mandate has expired - GERB should have elected 4.
Prof. Plamen Kirov emphasized - the saga with Sarafov is not a separate event, it is related to other things. And he reminded that today the Constitutional Court is hearing experts on the case of the regularity of the last parliamentary elections. The representative of the non-governmental organization Anti-Corruption Fund (ACF) Andrey Yankulov agreed with Kirov and pointed out that important elections for positions are coming up in the judicial system.
"When you behave like a servant, you should not be surprised that others treat you as such", emphasized Prof. Kirov. And he pointed out - what prevents the deputies from deciding that the Constitutional Court cannot make a decision if it is incomplete? A dangerous precedent has been set and this game may continue in new majorities, he added.
The professor also stated that now, with the election of Borislav Sarafov, President Rumen Radev holds two keys, not only the one with the decree for the possible election of Sarafov as prosecutor number one. On the one hand, Radev will have to withhold the decree appointing Sarafov, if the Supreme Judicial Council elects him today, and he will first have to promulgate the law adopted yesterday, and then the decree becomes meaningless. This is like US President Joe Biden pardoning his son, who owes $1.5 million in taxes - let's hope the Supreme Judicial Council does not put Radev in such an awkward position. It does not seem that the judicial reform can continue, there is no long-term vision coming from anywhere, Andrey Yankulov also said.