When there is no mandate, the most important mechanism for limiting power is also missing. This was stated by the candidate for People's Representative from the list of “We continue the change-Democratic Bulgaria“ in the 25th MIR Sofia, Dr. Alexander Simidchiev, in the program “Offensive with Lyubo Ognyanov“ on NOVA NEWS.
In his words, the decision of the Constitutional Court does not solve the problem, but rather shifts the focus from its essence. “We are trying to talk about gaps in the law, instead of what it should be, namely clear rules and limitations on power“, he emphasized. And he added: “It's like the immune system, when it is activated and cannot be turned off, the body begins to ache. Autoimmune diseases occur. The same thing happens with the justice system when there is no mechanism to limit power“.
According to him, in the case of Acting Prosecutor General Borislav Sarafov, these key elements are missing - election and mandate. “He is neither elected nor has a specific mandate. This means that his power is more uncontrolled than the Constitution allows in principle“, Simidchiev said.
He said that in this situation, some of the most important powers should not be exercised. “He should not be able to reopen cases, because this is an exclusive power given to a legitimately elected Prosecutor General“, he pointed out.
Simidchiev warned that the balance between institutions should not be disturbed. “The separation of powers is like the balance in the body, if we disrupt it, the consequences can be unpredictable“, he said.
Regarding the security of the Prosecutor General, he noted that decisions should be based on real risk, not symbolism. “Security should not be a status, but a necessity. It should be provided only in the presence of a specific threat“, Simidchiev said.
He also commented that the future decisions of the PP-DB depend on the vote of the citizens. “The people will decide what the next parliament will look like and what majorities will be formed“, he said.