Borislav Sarafov cannot return to the post of prosecutor general after the expiration of his temporary performance of his functions. This was stated by constitutionalist Prof. Plamen Kirov in “Speak Now“. He emphasized that legal restrictions do not allow the same person to hold the position for an indefinite period.
According to him, the case with Sarafov is already closed from a legal point of view.
“The case is closed, the resignation is already a fact. We have a new temporary acting position for 6 months. Maybe after these 6 months there will be another interim one and so on“, said Prof. Kirov.
“The same person cannot be for more than 6 months“, he pointed out.
Kirov also commented on the role of the institutions in the process, pointing out that the Minister of Justice acted within the framework of his political mandate, but without being able to influence outside the law.
“He was waging a political struggle against Sarafov… but still he is a lawyer, he will not allow himself to act outside the law“, he added.
According to him, the election of a new Prosecutor General and the filling of the Supreme Judicial Council will be the subject of complex political negotiations. According to him, the process in the judiciary will inevitably be linked to political interests.
“Everything will become a bargaining chip, because a party never has 160 MPs to be able to control amendments to the Constitution“, said Prof. Kirov.
He predicts that real changes in the judicial system will be delayed due to the initial political priorities of the new parliament.