The problem is not the dispute over Sarafov's mandate, but the attempt to systematically redistribute power in the judicial system. This opinion was expressed in the program “Offensive with Lyubo Ognyanov” on NOVA News by the former Prime Minister and constitutional law lecturer Prof. Georgi Bliznashki. He commented on the case with the ambiguities surrounding the law on the mandate of the acting prosecutor general, according to which he cannot remain in office for more than 6 months. We recall that a week ago the Supreme Court of Cassation ruled that Borislav Sarafov cannot be acting prosecutor general after July 21.
“The legal answer is easy. The great Hans Kelsen said: "Valid is that legal act that is issued by a competent authority in compliance with a previously established procedure". Whose competence is it to resolve this issue - the Prosecutorial College of the Supreme Judicial Council should make the decision regarding the Prosecutor General, and all other objections should be appealed to the Supreme Administrative Court," the professor explained.
Bliznashki emphasized that what is happening in the judicial system is part of a broader political scenario that began with the reforms inspired by the recommendations of the Council of Europe. "It all started with a resolution, following the French model – dividing the Supreme Judicial Council into two colleges: judicial and prosecutorial. But the reform launched in 2023 was one of the most pointless undertakings. Not because they lacked potential, but because they did not know what goals they were pursuing,“ said Bliznashki.
And he added: “It was clear – they wanted to take control of the prosecutor's office“, the professor added. According to him, failure was inevitable because “they were not thinking statesmanlike, but tactically – with the aim of political supremacy”.
He also criticized the so-called “external factors”, who had long supported the reform, but subsequently backed down, realizing that such actions threatened the stability of the Bulgarian legal system. “And they lost interest“, he explained.
Regarding the dispute over Borislav Sarafov's mandate, the professor agreed with the opinion of former Deputy Chairman of the Supreme Court of Cassation and current constitutional judge Rumen Nenkov that there is no official act of the Supreme Court of Cassation that would rule on Sarafov's legitimacy. “The man is right. He knows what he is talking about“, Bliznashki is categorical.
Despite the confusion on the topic and the divergent opinions in the professional community, he was categorical that the essence of the problem is not the legal dispute, but the attempt to systematically redistribute power in the judicial system. “This game of moving the prosecutor's office from one box to another must stop. These are experiments that the state cannot afford“, said the professor.