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Sarafov's resignation: a feeling of a well-directed scene?

The dilemma now is whether the new majority around Rumen Radev will break this cycle of the prosecutor's office's dependence on political masters or reproduce it

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Borislav Sarafov resigned. There is now a new acting prosecutor general. However, the change in the top of the prosecutor's office happened so quickly that it leaves the feeling not just of a personnel shake-up, but of a well-directed scene.

The master of power in Bulgaria has changed - and the head of the prosecutor's office has left. Acting Prosecutor General Borislav Sarafov, whose legitimacy in office had been contested for months by political forces and human rights organizations, and against whom thousands of citizens protested, resigned.

A surprisingly quick resignation

It comes after the formation led by the former president Rumen Radev won an absolute majority in the elections on April 19. One of the leaders of the lists and former Interior Minister Ivan Demerdzhiev, in the style of the “new sheriff in town“, demanded his resignation, saying that “the time for scheming is over“. “Today is the last day”, was the ultimatum. Just hours later, the resignation was a fact.

Sarafov returned to his previous position - deputy prosecutor general and director of the National Investigation Service. The prosecutorial college, which fiercely defended his stay with the argument of “stability”, without hesitation, elected Vanya Stefanova - one of his deputies - as the new acting prosecutor general. By law, she can hold the position for up to six months.

The formal argument for the election is seniority over the other deputy. Her biography shows that in addition to being a prosecutor, in September 2013 she became deputy chairman of the State Agency for National Security and Defense of the Republic of Bulgaria at the height of the protests against the “Oresharski” cabinet, triggered by the appointment of Delyan Peevski as head of the service.

Just a regrouping?

The change in the top of the prosecutor's office happened with such speed that it leaves the feeling not of an institutional process, but of a well-directed scene. Until yesterday, the same prosecutorial college defended Sarafov's inviolability, even when it conflicted with the law. Today, without hesitation, he embraced the new status quo. This is not just a personnel reshuffle, but a demonstration of dependence.

This is where the warning of the acting Minister of Justice Andrey Yankulov comes in, who openly stated that he was “afraid of regrouping“, and the choice of Vanya Stefanova was more predetermined than the result of a real choice. The change can hardly be considered the beginning of a reform, but rather a rearrangement of influences within the system. The situation is reminiscent of the summer of 2023, when the rise of the new parliamentary majority led to the removal of Ivan Geshev and the ascension of Sarafov. Formally because of “the erosion of the prestige of the judiciary“ after the scandal with Geshev's remark about “political garbage”. It actually happened at a time when the formation of a government between GERB-SDF and PP-DB was agreed upon with a prime minister on a 6-month rotation.

This pattern is repeating itself: the change of political power is accompanied by upheavals in the prosecutor's office. Not as a result of reforms, but as a reflection of a new balance of influence. Yankulov's words fit precisely into this logic - that processes are not transparent and that institutional decisions follow political dynamics, and not the other way around.

The request

But now the responsibility for real changes is in the hands of the parliamentary majority, which has the tools to do so if it wishes. Against this background, Rumen Radev has already given a request to accelerate the process - with a promise to elect a new Supreme Judicial Council as soon as possible, which in turn will conduct a procedure for selecting a prosecutor general.

The composition of the SJC is the key to the independence of the judiciary. The big unknown is whether this intention for an institutional solution to the crisis means a transparent process or agreements for a one-horse race, as has been the case so far. If it is formed entirely by the selection of politicians, the result will be predetermined, regardless of the procedures. In this process, Radev promised a partnership with the PP-DB. For the coalition, whose cause is judicial reform, the other important question remains - whether this alliance is in a bind and does not change their position as an opposition, or is it the beginning of managerial cooperation.

The unusually restrained reaction of the DPS-New Beginning and GERB is also impressive. The MRF described Sarafov's resignation as a "castling within the system", welcomed it and emphasized that the real issue is compliance with the Constitution, not specific figures.

GERB's position is also rather muted, they called it a “dignified but belated personal act”. This moderation contrasts with the sharp tone of the new majority and suggests a more strategic behavior of accepting what is happening as part of the rearrangement of power. Just a few months earlier, in November last year, GERB leader Boyko Borisov had stated in parliament that Sarafov's election was legal – just a day after the Supreme Court of Cassation had issued an opposite opinion.

Pessimistic forecast

The dilemma now is whether the new majority around Rumen Radev will break this cycle of the prosecutor's office's dependence on political masters or reproduce it. Will we see an independent prosecutor's office with real accountability, or another version of the familiar model – selective justice, ostentatious actions and an institution that serves power more than the law.

Bulgarian practice so far has given a rather pessimistic answer. Each new government comes with a promise of justice, but quickly discovers the convenience of control and the ability to determine who is “political trash“ and who is untouchable.

Does the master of power also mean the master of the prosecution, that is the question.

This text expresses the opinion of the author and may not coincide with the positions of the Bulgarian editorial office and the State Gazette as a whole.