„Unfortunately, what is happening really seems like an appropriate metaphor, because at the moment it does not seem to me that Borislav Sarafov himself and the Prosecutorial College have any intention of moving out of the way”, commented the Acting Minister of Justice Andrey Yankulov in the program “Wake up” on NOVA. He emphasized that after the decision of the Constitutional Court on the six-month term for acting prosecutors general, the current situation is “more than imperative” for change.
Yankulov explained that the Constitutional Court has ruled that the six-month term for temporary performance of the position introduced by the legislator is not unconstitutional. "Mr. Sarafov has been in this position for almost three years. In this situation, there is no way he can continue to perform the functions of Prosecutor General," the minister said. He added that the Supreme Court of Cassation is expected to rule with binding interpretative force that Sarafov cannot exercise key powers, which would make him illegitimate for the entire scope of his functions.
Regarding the footage showing a prosecutor driving in oncoming traffic and threatening a witness, Andrey Yankulov announced that the Ministry of Justice has requested information from the Ministry of Interior to confirm the person's identity. "I will do it if we see a lack of reaction from other institutions here. This is basically my thesis on the course of action that should be taken by the Minister of Justice in the absence of an adequate reaction from the judiciary,” he said.
Problems in the Supreme Judicial Council
The Minister pointed out that the Constitution lacks an “unblocking mechanism” when the necessary majority cannot be gathered to elect new members of the SJC. He suggested as an option that upon the expiration of the mandate, members should be temporarily appointed by another state body, for example the president, in order to comply with the principle of mandate. “The political system wants to control these processes, it wants to decide what will happen at the top of the judiciary, which is disastrous,” Yankulov added.
The election of European prosecutors
Andrei Yankulov also commented on the procedure for electing Bulgarian representatives to the European Prosecutor’s Office. He announced that the ministry is trying to launch a “completely transparent procedure” with clear rules and a politically neutral selection committee. The minister noted that the previous procedure did not meet the requirements for independence, which necessitated the withdrawal of our candidacies from the current government.
Emilia Rusinova's ties with the “Eight Dwarfs”
The minister commented on the case of Emilia Rusinova and the Ministry of Interior's established close contacts with Petyo Petrov and Kristiyan Hristov from the “Eight Dwarfs” criminal network, including in the form of “traveling in the same car across the country's border”. According to him, the lack of timely reaction from the prosecutor's office and the Supreme Judicial Council in this case shows the extent of “infiltration of this criminal network to the highest levels” of the institution.