Immediately after the decision, which canceled almost all changes in the chapter "Judicial power" in the Sixth Amendment to the Basic Law, the Constitutional Court also ruled on a complaint filed by the former chief prosecutor Ivan Geshev against the mechanism introduced in May 2023 to investigate the number one prosecutor and his deputies.
The court succinctly announced that the request to declare it unconstitutional was rejected, but with what reasons, it will become clear when the reasons for the decision are published, BNR specified.
This decision of the SC was taken unanimously.
While the procedure for the removal of my last year was ongoing, Geshev attacked the introduction of judicial control for a large part of the prosecutor's refusals to initiate pre-trial proceedings on the grounds that it undermines the role of the court to be an independent arbiter and ensure equality of the parties and competitiveness in the legal process, recalls the website "Defacto".
„This will also lead to an inadmissible violation of the power of the prosecutor to decide sovereignly and independently whether to initiate or refuse to initiate an investigation. The court will interfere with the functions of the prosecutor and will affect his ability to make his decision based on internal conviction, and in a state governed by the rule of law it is inadmissible for a state body to seize the powers of another”, said Ivan Geshev.
Geshev also announced the introduction of the mechanism for the independent investigation of the chief prosecutor on the grounds that without an explicit change in the basic law it is impossible to create a state body that is part of the prosecution and at the same time is excluded from the general order for control in her system.
The petitions regarding the amendments to the Law on the Judiciary, which introduced a different procedure for electing and dismissing the presidents of the Supreme Court and Supreme Court and the chief prosecutor from the Plenum of the Supreme Court – for them with a majority of 17 votes, and for the Attorney General – with 13 votes. Such inequality is unacceptable for any rule of law state, said Geshev.
The reason why Ivan Geshev was released from the office of the president on June 15. , i.f. chief popoĸypop Kapafov did not withdraw the ban on his predecessor.