The lawyer of the acting prime minister Andrey Gyurov – Hristo Hristev categorically rejected the claims that there are doubts about the legitimacy of the government, after the publication of the opinion of the Advocate General to the Court of Justice of the European Union. He expressed this opinion in the program “Face to Face“ on bTV.
According to him, the conclusions that are being made in the public space are the result of incorrect interpretations of the document. Hristev specified that it is a 44-page analysis that does not provide a direct assessment of whether the decisions of the Governing Council of the Bulgarian National Bank (BNB) are legal or not.
“This is a proposal for the interpretation of European law, not a final decision on the dispute“, the lawyer emphasized.
According to Hristev, the conclusion of the Advocate General is not binding on the court. In practice, there are cases in which magistrates follow it partially or completely, but also those in which they ignore it.
“The court never automatically accepts these conclusions. He can use separate arguments, but he develops his own legal logic“, he explained.
The lawyer pointed out that the main case is related to the way in which the BNB made a decision, based on an act of the Anti-Corruption Commission.
The lawyer pointed out that European law requires the national central bank to make an independent assessment, and not to automatically adopt decisions of other institutions.
“In this case, the BNB did not collect its own evidence and did not give Gyurov the opportunity to defend himself“, said Hristev.
He added that his client did not have the opportunity to participate effectively in the proceedings and present arguments in his defense. The lawyer was categorical that there was no legal problem with the appointment of the caretaker government.
„At the time of his appointment, Andrey Gyurov was not dismissed from the position of deputy governor, but only temporarily suspended. This means that he meets the requirements of the Constitution“, he pointed out.
According to him, in legal terms, the caretaker government has all the powers of a regular government. Decisions are pending on the case from both the Bulgarian courts and the Court of Justice of the European Union.
Meanwhile, the BNB has requested the termination of the case in Luxembourg with the argument that Gyurov no longer has a legal interest after resigning as deputy governor.
„This act continues to give rise to legal consequences – including reputational and financial damage. "If the case is dismissed, it will deprive Gyurov of effective defense," said Hristev.
On the topic of the powers of the caretaker government to sign international agreements, the lawyer pointed out that the cabinet has such powers, especially when the actions are within the framework of an already established foreign policy line.