In the cases that were initiated at the request of the acting Prosecutor General, the Supreme Court of Cassation decided that he can no longer legally refer the case to the Supreme Judicial Council. In a state governed by the rule of law, this is enough for us to have clarity on the issue. Since his power cannot be exercised legally, this means that the figure continues to perform some tasks that are not related to his functions, said Judge Miroslava Todorova in the program "Face to Face" on BTV in connection with the decision of the Supreme Judicial Council to transfer the "Sarafov" case of the prosecutor's college.
We can all express an opinion, but the Supreme Court of Cassation does not express an opinion - this is the will of the state, which is mandatory. The Constitution says that we are a state governed by the rule of law, which means that we must all comply with stable judicial acts, Todorova said.
It is clear that we are in a constitutional crisis, because there are many bodies with expired mandates, but until we have an elected Supreme Judicial Council, it is entirely possible for the prosecutor's college to choose a new temporary prosecutor who will do public service and not obstruct justice. The prosecutor's college of the Supreme Judicial Council is obliged to ensure the effective exercise of justice, she pointed out.
The acting prosecutor also created great public tension by expressing a version with supernatural rhetoric regarding the investigation of the "Petrokhan" case. This is not an acceptable approach, but it is a fact that we must take into account in order to find a dignified way out of this situation. In my opinion, the dignified way out is for the prosecutor's college to take the proposal of the Minister of Justice seriously, to overcome its stubbornness and find a worthy new acting prosecutor general, emphasized Miroslava Todorova.
We also do not know what is happening with the investigation into the explosion against former prosecutor general Ivan Geshev. We also know about the recordings that Geshev released, in which Borislav Sarafov was recorded. The case resembled a clash between two street gangs. Taking into account what was heard in the recordings, it may turn out that their withdrawal does not depend on them, she added.
It is time to reach a consensus that the judicial system should be left to itself and all political forces should give up relying on a successful life through influence in the judicial system, the magistrate also said.