“All four institutions involved in the scandal with the missing votes – Constitutional Court, Prosecutor's Office, CEC and “Information Service“, created an institutional cacophony“, he said in “This Morning“ Borislav Tsekov, Doctor of Constitutional Law.
„A significant part of the questions in the prosecutor's letter go beyond the limits of what it has the right to ask the Constitutional Court in an unfinished, pending constitutional case“, he pointed out.
In his words, one should not forget that the Constitutional Court is not “some state agency“, but a body that is completely independent and outside the legislative, executive and judicial branches.
„The prosecutor's office forgot this when they wrote this otherwise polite closing letter with a request and thanks“, Tsekov said.
According to him, there are two disturbing things in the Constitutional Court's approach.
„The first is that they have been referred not only for partial cassation, but also for complete. They, as a court, must also rule on this. I ask how they rule, since they do not check all the sections, but only a part of them“, he commented.
„But this is the smaller issue. The bigger one is the so-called nullification of votes from these sections, for which it is said that the ballots are missing. I ask – given that there are clear indications that citizens have exercised their voting rights, how come the Constitutional Court annuls them?“, asked Borislav Tsekov.
„The correct legal conclusion in this case would be that we do not nullify, but we cannot carry out the check in these sections due to missing ballots and they should refer the matter to the judicial authorities to investigate where they are. The approach is wrong and creates a dangerous precedent“, he explained.
„CEC – how long it takes them to have recalculated results. In 2204 sections there are still none“, commented Tsekov.
„Information Services“ in turn – this is a state company, not even a state body. They note this irregularity – the so-called zeroing and the missing ballots. It was not right for them to contact the prosecutor's office directly, because they are performing a task assigned by the Constitutional Court through the CEC. They should return their objections in the reverse order“, explained Borislav Tsekov.
„That is, a cacophony that erodes trust in the process“, he summarized.