This is another stage, not a final decision in the dispute. Assoc. Prof. Borislav Tsekov stated this regarding the decision of the Constitutional Court and the issue of the legitimacy of Acting Prosecutor General Borislav Sarafov in the program “Offensive with Lyubo Ognyanov“ on NOVA NEWS.
According to him, from a constitutional point of view, there are no doubts about Sarafov's status, but the political and professional disputes continue. Tsekov emphasized that the prosecutorial college of the Supreme Judicial Council rightly referred to the opinions of constitutionalists when forming its position.
According to him, the text in the Judiciary Act cannot have retroactive effect, since there is no explicit provision for this. “We have already concluded a factual composition that gave rise to the legal position of the acting prosecutor general“, he explained.
Assoc. Prof. Tsekov criticized attempts to draw analogies with other legal areas, such as civil law, and defined them as inapplicable in the context of constitutional law. “This is the most complex matter that regulates the conflict for the highest authority in the state“, the expert emphasized.
He stated that the decision of the Constitutional Court confirms positions already expressed, including in previous public discussions.
Assoc. Prof. Tsekov also commented on the interpretative case that has begun in the Supreme Court of Cassation. According to him, there is a risk that the court will enter the role of a legislator if it tries to “add to“ the law through interpretation. “This is not within its powers“, he said.
Assoc. Prof. Tsekov stated that it is possible that a possible interpretative decision could lead to a limitation of specific powers of the acting prosecutor general, but not to an automatic termination of his status. “This is not a dismissal. The status does not change in this way“, he emphasized.
The expert refused to comment on the future actions of the prosecutorial college. According to him, with certain developments, the pressure on the institution could increase. “What they will do, I cannot say“, he shared.