A new twist with the Eurolab saga of "Captain Andreevo"

The Judicial Inspectorate is checking 10 magistrates for possible connections with Martin Bojanov - the Notary. This was stated by the chief inspector in the Inspectorate at the Supreme Judicial Council, Teodora Tochkova, in the temporary parliamentary commission. city in administrative case No. 4898 of 2022, related to the control of fruits and vegetables at the checkpoint "Captain Andreevo" and "Eurolab 2011“. The supreme magistrates return the case for a new examination by another panel of the same court, in accordance with the given instructions.

Administrative case No. 5408 of 2023 was initiated before the SAC on a cassation appeal filed by the Executive Director of the Bulgarian Food Safety Agency (BASHA), decided on administrative case No. 4898/2022 by the FSA. With it, the nullity of his letter ex. No. GK – 94/18.05.2022, which ordered samples of shipments containing fruits and vegetables originating in Turkey, taken at the checkpoint "Captain Andreevo” to be sent for carrying out laboratory tests at the Central Laboratory for Chemical Testing and Control (CLHCIK) at the BABH, starting from 20.05.2022.

The Supreme Magistrates accept that the court of first instance has clarified the dispute on the merits, having collected the necessary and relevant evidence for the disputed issue, but in violation of the provided judicial procedure rules, it has not discussed the same separately and in total. The conclusion made by the ASSG about the body's lack of competence is unfounded, as it is not supported by the evidence gathered in the case, which also led to the material illegality of the act.

It is undisputed that BFSA, represented by its executive director, pursuant to Art. 7, para. 1, item 4 of the Law on the Management of the Agri-Food Chain (ZUAV) is a competent authority within the meaning of Art. 4 of Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities carried out to ensure the application of food and feed legislation, animal health rules and their humane treatment, plant health and plant protection products.

Precisely in fulfillment of these powers by Order No. RD11-974/17.05.2022 and on the basis of Art. 5, paragraph 1, item 2 and paragraph 2, item 1 of the Organizational Rules of the BBAH, giving him the authority to lead, organize and control the activities of the agency, which he carries out by issuing orders, orders and other acts, in the cases provided for in the normative act, the Executive Director of the BBAH has ordered the determination of CLHIK with certificate No. 17 LI dated 07.10.2021, valid until 31.07.2024 for carrying out tests of samples for the purposes of official control, taken at the approved GCP in fulfillment of the requirements of the relevant regulations and decisions of the EU, regarding control over the import of food of non-animal origin originating in third countries as follows:

1. For tests for pesticide residues under Commission Implementing Regulation (EU) 2019/1793 of 22.10.2019 on the temporary strengthening of official controls and emergency measures governing the introduction into the Union of certain goods from third countries for the implementation of a specific listed regulations fruits and vegetables originating in the Republic of Turkey and

2. For tests for mycotoxins under the mentioned Regulation, foods of plant origin, subject to enhanced control of the GKP when they are introduced into the territory of

EU. With the order, it was also ordered that the deputy executive directors of the BBAH, the directors of the "Border Control" directorates get acquainted with it. and "Laboratory control“ at the Central Board of BFSA, as well as the director of CLHIK for information and implementation.

The fact that there is no order under para. 4 of Art. 51 ZUAV according to which when a certain laboratory included in one or more lists under para. 2, does not fulfill the requirements of Art. 37, paragraph 4 of Regulation (EU) 2017/625, the head of the relevant department under Art. 7, para. 1 with an order to delete it from the list does not lead to a conclusion of lack of competence of the body to issue the appealed letter, but should be taken into account when assessing its legality.

The High Magistrates accept that the letter was issued by the Executive Director of the BFSA within the scope of his assigned competence.

In view of the foregoing, the cassation panel accepts the decision as incorrect and therefore the case should be returned for a new examination by another panel of the same court, which will carry out a full check on the legality of the act, in accordance with the provisions of Art. 168, paragraph 1 APC on all grounds under Art. 146 of the Civil Code related to the activity of Martin Bojanov - the Notary.

"Within these inspections, we will check the behavior of 10 magistrates, both judges and prosecutors, in which unacceptable behavior has been mentioned in recent media publications,", Tochkova said.

"I do not accept that the inspectorate was inactive in the case. We are doing everything necessary, which the law allows us, to clarify the magistrates involved," she added.

At the beginning of the Commission's meeting, she announced that there were no reports of pressure on magistrates or those who visited the SS club. She requested from the city prosecutor's office a list of the names of those who were members of it.

Tochkova specified that the IVSS is not an investigative body and cannot forcibly bring anyone for questioning. She appeals not to put all magistrates under a common denominator, because "for the most part, they are honorable people and fulfill their duties conscientiously, with a lot of effort".