The new Supreme Judicial Council must overcome the negative legacy of the previous body, former acting chief prosecutor Boyko Naydenov said. In his words, the election of a new council is necessary because the term of the current one has expired and its decisions have been seriously compromised.
“There is much to overcome,” Naydenov said on the “Offensive with Lyubo Ognyanov” show. He expressed hope that although the new SJC will be elected under the current rules, it will include magistrates capable of making responsible decisions.
The dispute over the prosecutor quota
Naydenov also commented on the absence of prosecutors among the candidates nominated by the parliamentary quota for the Prosecutors’ College. According to him, this could be an assessment of the work of the prosecution over the past decades.
He pointed to accumulated problems, failures and scandals in the performance of official duties. In his words, it was precisely this lack of trust that may have influenced the decision to nominate judges to the Prosecutors’ College.
The idea of 144 votes
Among the changes under discussion is reducing the required majority for electing the parliamentary quota in the SJC from two-thirds to three-fifths. This would mean that 144 votes, rather than 160, would be needed in the National Assembly.
Naydenov described the idea as not particularly new and noted that similar mechanisms exist in other countries. He stressed, however, that there is currently no draft legislative proposal, only ideas that need to be specified and subjected to public discussion.
The former acting chief prosecutor warned that political deals over the allocation of seats could deepen distrust in the new body. According to him, if the majority is reduced, those in power will have to take direct responsibility for the election and subsequent work of the SJC.
Warning about the president’s role
Naydenov also objected to the possibility of the president taking part in appointing a caretaker SJC if parliament fails to elect a regular body. He believes that such a decision could create a constitutional problem because the head of state is not part of the judiciary.
In his words, the president’s direct involvement could be perceived as one branch of government interfering in another and could trigger a dispute before the Constitutional Court. Naydenov warned that a council formed in this way would not enjoy public trust.
Elections for the two quotas are forthcoming
The procedure for electing a new SJC is continuing under the current rules. On November 7, judges will elect six of their representatives, while the election of the parliamentary quota of 11 members is scheduled for November 19. Prosecutors have already held their election, while investigators are scheduled to vote on November 14 and 21, Mediapool reported.
According to Naydenov, the future body will have to do more than simply begin work; it will also have to address the accumulated criticism of the judiciary’s governing body. He insisted that the ideas for changes be better substantiated and publicly discussed before becoming concrete decisions.
Source: nova.bg