"The prosecutor's office, which is a key part of the judiciary, which in turn is a key part of state administration, is practically without a leader, which in our legal reality is a rather disturbing situation, because the prosecutor general has been assigned some very important functions for state administration - he is the ultimate guarantor for the lawful exercise of the powers of prosecutors throughout the country".
This was said to the Bulgarian National Radio by Andrey Yankulov from the Anti-Corruption Fund, emphasizing that for 6 months now the country has not had a prosecutor general or an acting prosecutor general, because by virtue of the law adopted in January last year, a legal limit of 6 months was introduced for those temporarily performing the functions of the chief. prosecutor and chairmen of the supreme courts. And Borislav Sarafov, at the time the law was adopted, was temporarily performing the functions of the chief prosecutor, these 6 months began to run from the entry into force of the law, and after these months "he already loses his status as acting chief prosecutor precisely by virtue of this law, without the need for any ruling by any bodies".
The fact that for 6 months we have already had a Prosecutor's Office that is not governed in accordance with the law is something that is a deep crisis of the rule of law, he believes.
"Different court panels in the country treat Sarafov's requests for the reopening of criminal cases differently, which is the most frequently exercised power of the chief prosecutor by law. Some accept them, others - not. The most important thing is that there is no one to resolve this situation. Some say that he cannot be acting chief prosecutor, others - vice versa. There is no one in this country to say whether it is so or not. What we are observing is absolute absurdity. ... The Supreme Administrative Court and the Constitutional Court say that he cannot be there, but he continues to be there," Yankulov commented.
The solution is extremely simple - those who appointed Sarafov as acting prosecutor general decide to end this state of affairs and elect the next acting prosecutor in 6 months, he said and added:
"The problem is that these decisions, which seem simple and easy from the outside, turn out to be very difficult to make, because apparently the power in the judiciary is not exercised according to the normal legal order, but is exercised by hidden centers of power. Apparently this is the obstacle, because there is no logical explanation why Sarafov is so important to this prosecutor's office that he has to confront the state with the state it is in at the moment, so that someone else cannot take over the temporary management of the institution for 6 months. Since there is no logical answer, we must look for the answer to this question in the way power is exercised in the judiciary, which does not happen in the offices and halls where it should happen - in front of the public in the public sessions of the Supreme Judicial Council.