In cases of resignation or illegal termination of the powers of the Prosecutor General and the presidents of the supreme courts, a temporary acting representative is appointed. But it is not clear who appoints him - whether the plenum of the Supreme Judicial Council, or the separate panels of the Council - the prosecutorial and judicial. It should be borne in mind that we have different interpretations of the law - the prosecutorial panel believes that this is a res judicata case, and the judicial panel - carried out a replacement and currently we have an acting president of the Supreme Administrative Court.
It should also be borne in mind that there is a pending case in the Constitutional Court since 2026, initiated at the initiative of a judicial panel of the Court of Appeals - Varna, regarding whether the request of the acting chief prosecutor to reopen the cases is legitimate. The court is due to rule on this issue. This was said by constitutional law lecturer Assoc. Prof. Hristo Ormandzhiev on the air of “Your Day” on NOVA NEWS.
He pointed out that it is absurd to have two different interpretations of the law from different colleges.
“The official cabinet has limited powers, but this does not mean that it cannot raise important issues for society, such as the convening of the Supreme Judicial Council”, he also said.
According to him, it remains to be seen how the plenum of the SJC itself will rule. The prosecutorial college may also be referred to confirm or reject the opinion. There is also a possibility that the decisions of the prosecutorial college may be challenged before the SAC. In his words, “things are moving towards some development”, also taking into account the decision that is awaited from the Constitutional Court.
The lecturer was categorical that the Minister of Justice Andrey Yankulov acts according to the rights that are assigned to him under the Judicial Law. And he could also make a proposal for the acting Prosecutor General.