The Association of Prosecutors in Bulgaria has submitted a written statement to the Constitutional Court on the case initiated at the request of the Court of Appeal - Varna regarding the powers of the acting Prosecutor General. It is related to the controversial issue of whether after July 21, 2025, Borislav Sarafov performs his functions and, accordingly, can he request the resumption of cases, noted "Nova Televizia".
We recall that on February 5, 2026, the Constitutional Court admitted for consideration the issue of unconstitutionality of the provision, which provides that 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 is designated as temporarily acting. The same person cannot perform these functions for more than six months.
The Constitutional Court invited the APB to express an opinion on the case. According to the association, the provision is structural, should only be effective in the future and should not affect already existing legal situations. The six-month period for temporary performance of functions may limit the powers of the Prosecutor General and the Supreme Court judges without the participation of the Constitutionally provided personnel body. APB emphasizes that there is a lack of clear motives for the law and that it must comply with the principles of a state of law, legal certainty and independence of the judiciary.
APB's motives:
- The provision is structural – it affects the organization of state bodies and should only be effective in the future, without changing already established legal situations.
- Legal certainty – a retroactive change would violate the principle of legal certainty and predictability recognized by the Constitution.
- Risk of limitation of powers – the six-month period for temporary implementation may terminate the functions of the Prosecutor General or the presidents of the supreme courts without the participation of the Constitutionally provided personnel body.
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- Lack of motivation in the law – it is not clear what the legislator's goal is, which makes it difficult to assess the provision.
- Compliance with constitutional principles – the APB emphasizes that the law must comply with the rule of law, the separation of powers and the independence of the judiciary.