The Constitutional Court has filed a case to decide whether the 6-month limitation for the acting prosecutor general, head of the Supreme Court of Cassation and Supreme Administrative Court, contradicts the constitution.
The rapporteur is Yanaki Stoilov. The case is at the request of judges from the Court of Appeal in Varna. They sent it two weeks ago, but it was returned to them for corrections. The reason was a request from acting prosecutor general Borislav Sarafov to reopen the case.
Now the appellate judges are asking whether Art. 173, para. 15 of the Judiciary Act contradicts the constitution, writes "24 hours". The text in question reads as follows: Upon early termination or expiration of the mandate of the Prosecutor General, the President of the Supreme Court of Cassation or the President of the Supreme Administrative Court, a person shall be designated to temporarily perform the relevant functions, subject to the following condition: the same person shall not have the right to perform the relevant functions for a period longer than 6 months, regardless of whether there have been interruptions in the performance of the functions.
"The application of the contested norm to the present case creates incompatibility with the constitutional principles of the rule of law and legal certainty under Art. 4, para. 1 and with the requirement of Art. 5, para. 5 of the Constitution that normative acts shall have future effect", stated the appellate judges from Varna, quoted by BGNES.