The Supreme Administrative Court dismissed the Minister of Justice's appeal against the refusal of the Prosecutorial College of the Supreme Judicial Council to initiate disciplinary proceedings against Borislav Sarafov. The court held that after his subsequent dismissal as director of the National Investigation Service, the request became inadmissible because the applicant's legal interest ceased.
The decision is related to a meeting of the Prosecutorial College of the SJC on May 13, 2026, when disciplinary proceedings were not initiated at the proposal of the Minister of Justice. According to the court, the appeal was filed on May 26, 2026, and a day later, on May 27, 2026, the board dismissed Sarafov from the position of director of the National Council of State Administrative Courts.
What the court accepts
In its ruling, the Supreme Administrative Court states that the decision of May 27, 2026 achieved the legal result sought by the minister's proposal. Therefore, the legal interest in challenging the refusal to initiate disciplinary proceedings has disappeared in the course of the case.
The court adds that the presence of legal interest is a mandatory condition for the appeal to be considered on its merits. If it is lost, the proceedings are terminated.
What follows
The ruling of the Supreme Administrative Court is subject to appeal before a five-member panel. Thus, the dispute surrounding the disciplinary procedure against Borislav Sarafov has not been finally concluded at this instance.
The topic is part of the broader dispute over Sarafov's status and the actions of the judiciary in his regard, which has already given rise to separate proceedings and interpretations of the decisions of the Supreme Judicial Council and the court.
Sources: bTV News, Supreme Administrative Court, Ministry of Justice