Several protests were held at the initiative of "Justice for Everyone" under the slogan "Peevski out of power! For a European state based on the rule of law". The organization declares itself in defense of the constitutionally established order of separation of powers, rule of law and observance of the rights and freedoms of citizens. Were there any and what is the new scenario for the election of Borislav Sarafov as Prosecutor General… Lawyer Velislav Velichkov from "Justice for Everyone" spoke to FACTI.
- Lawyer Velichkov, from "Justice for Everyone" you held several protests. In this sense, is civil society waking up?
- I personally think that it is waking up, because since the end of the protests in 2020, which started energetically, but ended quietly and without any success, several parliamentary elections have been held. But it was seen that nothing changed after the protests, except for a timid attempt with the government of Kiril Petkov from 2022. You remember that at that time the explosion next to the car of the then Prosecutor General Ivan Geshev also exploded and the society witnessed the most shameful and ugly scenes, showing the absolute dependencies and vices at the top of the judiciary. Respectively, the commitment to the political leaders of the ruling parties GERB and DPS for the last 10 years. It was surprising that the society did not react in any way. That is why the reaction now, which arose after the status quo tried to take over the Constitutional Court and subordinate it to its interests, and the subsequent protests that put the figure of Delyan Peevski, who wants to seize power alone, albeit as an official opposition to the government, in the center of public attention, brought together many people. The citizens showed that a limit has been reached, a critical point at which they understand that we are turning from a democracy into a democratic facade of a real oligarchy, which is about to transition into a one-man rule of a servant type. Something like the early Mussolini, as I tell him, from the 1920s. Peevski himself emphasizes that he is about to take power entirely and rule.
- He says this several times and seems absolutely serious…
- I think so too. Some people say that he is showing muscles and trying to raise his image in this way, but I also think that he is saying it very seriously. Currently, a process is underway to control the three branches of government. The one in parliament is absolutely controlled, because we have the only case in the world of a ruling opposition. I first used this term two months ago, but I am glad that it is already becoming more and more popular. Because from the role of the official opposition, you can dictate all the decisions of the parliamentary majority, literally hold three parliamentary groups in your pocket - GERB-SDF, the new BSP with the changed leadership and the eternal crutch "There are such people", make the most important decisions while directly controlling the government... What more could you ask for. Borisov himself said that if Rosen Zhelyazkov needs a majority, he should come to parliament to seek it himself, because Peevski provides them with the support of three more parliamentary groups, in addition to his own. So Zhelyazkov should directly seek Peevski in parliament in order to have a majority. There is also a process underway to fully control the judiciary, because this cannot happen at the moment without the election of new bodies of the judiciary - the Supreme Judicial Council and its Inspectorate. Now an attempt will be made through the Constitutional Court to preserve the current totally compromised composition of the SJC, whose mandate expired more than two and a half years ago.
The Inspectorate to the SJC is serving its third term, but without having received a second.
We are simply seeing a gross violation of all basic legal principles, and especially the principle of mandate as a basic feature of democracy. After that, the decision to terminate the procedure for the election of a Chief Prosecutor by the Supreme Administrative Court will be reversed after a possible decision in this regard by the Constitutional Court.
EU law, not a court!
Here I must emphasize that this composition of the Supreme Administrative Court cannot continue to perform its work even two and a half years after the expiration of its mandate. Until now, the Supreme Administrative Court has been doing this based on a decision of the Constitutional Court, which allowed the members of its Inspectorate with expired mandates to continue to perform their duties until a new composition is elected. By analogy, the Supreme Administrative Court applied this to itself and thus continued its activities and voted for itself the right to elect the three big ones, despite its expired mandate.
- I wanted to ask this because from “Justice for Everyone“ you have already commented several times that you will strongly oppose the new scenario, in which Borislav Sarafov will continue to be the chief prosecutor. What is it?
- The new scenario is the following. The Constitutional Court, where the freshly elected judge from GERB and “DPS-New Beginning“ Orlin Kolev, who made a remarkable raid on television two months before he was elected and thus the public learned that he exists, if we exclude his students, is the rapporteur on the important case about the terminated procedure for the election of Borislav Sarafov as chief prosecutor. The case was helpfully sent by the Chairman of the Supreme Administrative Court Georgi Cholakov through a judicial panel serving him to the Constitutional Court, in order to rule on the possible unconstitutionality of texts from the Judiciary Act, with which the procedure for the election of Borislav Sarafov as chief prosecutor was terminated. You also know that the parliament has forbidden the Supreme Judicial Council, whose mandate has expired, to start a procedure and elect the three big names in the judiciary. If the Constitutional Court overturns the decision of the Supreme Judicial Council, which terminates the procedure, it must resume from the stage where it was stopped - that is, a hearing of Borislav Sarafov and an immediate vote in the Supreme Judicial Council on his candidacy, because he is the only one. Until recently, this was a backup scenario, which is now becoming the main one. Now, the scenario of the possibility of achieving a constitutional majority of 160 votes, which is necessary to elect a new composition of the Supreme Judicial Council by the end of the year, and to have a new procedure for the Prosecutor General next year, is becoming a backup plan. Even if Sarafov is not the only candidate, he will certainly be the candidate of Peevski and GERB. That is why Sarafov is currently undertaking a mass purge in the prosecutor's office of all people who would be possible candidates against him in the new procedure, as well as against those who would not support him if there were other candidates in the procedure. Sarafov, by acting as prosecutor general, is clearing out his deputies and making a coup even in the circles of the Prosecutors' Association, which still has to play a balance and even be a certain counterweight to the prosecutor general, because this is a professional organization that is free and registered under the law on non-profit legal entities.
- When should Borislav Sarafov be replaced by one of his deputies, because with the last decision that was voted on in parliament, he has the right to be acting prosecutor general for six months?
- These six months end at the end of June, but here is another piece of news. Currently, the ruling majority - under the pressure of the "DPS - New Beginning", is already discussing this text - for the term as acting president of six months, to be canceled. There is also such a proposal from the Plenum of the Supreme Judicial Council, which proposed to the people's representatives to cancel the text. Here is another addition, that if this text is canceled, which is almost certain to happen, if by then the Constitutional Court does not come up with a decision, which is unlikely, Georgi Cholakov will remain chairman of the Supreme Administrative Court. These six months also apply to him. He currently holds the position of head of the Supreme Administrative Court in gross violation of the Constitution, because his seven-year term has ended.
I would define this as a Constitutional coup in the system of administrative courts.
Now Sarafov, in his capacity as acting prosecutor general, is giving such signals to his subordinates during conferences that he holds with them that at least until the end of September everything will remain the same. So it can be believed that Sarafov and Peevski have long made a scenario in which everyone will remain in their places until they receive permanent positions. Another person should already be elected as head of the Supreme Administrative Court, whom Peevski and Cholakov, who also has enormous influence in the judicial system, have agreed upon among themselves. But now there is very bad news for them. And it is related to a decision of the Court of Justice of the European Union from a few days ago, because there is already an accepted proposal of the Advocate General that
the law of the European Court does not allow a regulation in national law under which the Inspectorate of the Supreme Judicial Council and members of the Supreme Judicial Council with an expired mandate continue to monitor the activities and integrity of judges, as well as propose disciplinary sanctions.
Now we also have the circumstance that the parliament has not elected new members of the Inspectorate to the SJC and has not legalized its activities without explicitly described legal grounds for this. Here I must emphasize that this Inspectorate to the SJC cannot continue to perform its work two years after the expiration of the mandate. Until now, the Inspectorate to the SJC did this based on a decision of the Constitutional Court, which allowed an Inspectorate with an expired mandate to continue to perform its duties until a new one is elected. By analogy, the SJC applied this to itself in its right to elect the three big ones, despite its expired mandate. Now, however, the decision of the European Court is binding on the member states. And now, again by analogy, the decision of the European Court must be applied, which means that the SJC with an expired mandate does not have the right to elect the three big ones. This is very bad news for Borislav Sarafov and Delyan Peevski. Even the Constitutional Court is bound by this decision. If the Constitutional Court rules in the sense in which it is asked to repeal this text of the Judiciary Act, it will grossly violate the decision of the European Court and will come into conflict with the European legal principles of the rule of law and ensuring independence. So now we will have to look for a third scenario for those who have decided that Sarafov will not move from his post as acting Prosecutor General. We also need to think about what will be done with the Supreme Judicial Council, which after this decision of the European Court, if it continues to perform its functions, will come into conflict with European law. And this is so because the SJC also makes other important decisions. The SJC determines the administrative heads at all levels in the judicial system and the prosecutor's office, proposes disciplinary sanctions, appoints and dismisses magistrates from office. And after this decision of the European Court, I will be very curious how this Supreme Judicial Council will justify continuing its activities.