This composition of the Supreme Judicial Council could elect the Prosecutor General and the Chairman of the Supreme Administrative Court, whose term expires soon, commented to BTA the representative of the Supreme Judicial Council (SJC) and a member of the Judicial College Boyan Magdalinchev in connection with the decision of the Constitutional Court regarding the amendments to the Constitution, adopted at the end of 2023.
He explained that according to the decision of the Constitutional Court, the personnel and administrative body of the judiciary should be, as before the changes to the Constitution - the Supreme Judicial Council, composed of a Plenum, Judicial and Prosecutorial Colleges.
It is logical to Procedures are being launched, Magdalinchev pointed out. He explained that, in his opinion, the Constitutional Court's decision lifts the ban on the current composition of the council holding election procedures until a regular Supreme Prosecutorial and Supreme Judicial Councils are elected, since the changes that are now being created have been declared unconstitutional.
As an argument, Magdalinchev also gave the Constitutional Court's decision regarding the mandate of the Inspectorate of the Supreme Judicial Council, because it is right for it to continue to fulfill its duties until the election of new members and a new chief inspector.
If we work according to this logic, it means that this composition could already elect, that's how I understand it from the reading I'm doing, Boyan Magdalinchev commented, adding that the Supreme Judicial Council must fulfill the functions assigned to it by law.
According to Magdalinchev, the procedures can begin after the Constitutional Court's decision enters into force, three days after its promulgation in the State Gazette.
He noted, however, that the topic of whether the current composition of the Supreme Judicial Council, with its mandate expired, can begin a procedure for the election of a Prosecutor General and Chairman of the Supreme Administrative Court is yet to be discussed. Magdalinchev recalled that the mandate of the Chairman of the Supreme Administrative Court expires on November 22, and a person acting in this position has been appointed as the Prosecutor General.
Boyan Magdalinchev also noted that the new composition of the Supreme Judicial Council is not fully filled and it is necessary for the National Assembly to elect members from its quota, which is done with a minimum majority of 160 votes.
Asked how he would comment on the decision of the Constitutional Court in its entirety, Boyan Magdalinchev said that it should simply be respected. “We must learn to respect the acts of state bodies, of institutions. A decision of the Constitutional Court has the force of law. "Whether you like it or not is irrelevant," he added.
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Jul 27, 2024 05:52 117