The Ministry of Interior does not organize elections. It has only logistical functions. This was stated by the constitutional law lecturer Prof. Plamen Kirov in the program “Your Day“ on NOVA NEWS regarding the upcoming presidential vote. According to him, the responsibility for the organization and conduct of the election process lies with the Central Election Commission, which must make decisions on all issues.
Kirov commented on the organization of the upcoming elections and the changes in the rules for machine voting. According to him, the way in which the CEC will settle all possible problems related to the printing of paper slips from the machines and their use in controlling the election result will be particularly important.
„How will these paper slips serve as a possible control over how the machine counts?“, asked Prof. Kirov.
He also raised the question of how the Constitutional Court would act in the event of a possible challenge to the legality of the elections. In his words, if the machine reports the result, there must be a clear mechanism for verifying the way it worked and for comparing the data.
According to the constitutional law professor, it is not the Ministry of Interior, but the CEC that bears the institutional responsibility for the organization of the elections. According to him, the police have the task of providing the necessary logistics and security, but not to take over the functions of the election administration.
„There is a Central Election Commission for this and it is trusted by the society and the political parties represented in parliament“, said Kirov.
He also recalled the recent decision of the Constitutional Court related to the distribution of seats in the CEC. According to him, it is the commission that should remain the institution that bears the main responsibility for the election process.
Prof. Kirov also commented on the changes in the election legislation, criticizing the practice of changing the rules immediately before elections.
„Elections are not won with technology. The election code is technology. Elections are won with the vote of the voters“, he said.
According to him, for years there has been a practice in Bulgaria to change the election rules before the next vote, despite the recommendations of the Venice Commission for the Stability of Electoral Legislation.
The topic of the presidential right of pardon was also touched upon in the conversation. Prof. Kirov recalled a decision of the Constitutional Court from 2012, related to the exercise of this power. According to him, the decision is made solely by the president, since the decree is not subject to countersignature. Kirov emphasized that the pardon represents a release from serving a sentence imposed by the judiciary, and that this power has a humane nature.
- The procedure for electing a new prosecutor general
At the end of the conversation, Prof. Kirov also commented on the procedure for electing a new prosecutor general. He linked the processes in the judiciary with the political relations between the parliamentaryly represented formations. According to him, after the presidential elections, political forces will have to seek the necessary majorities to make decisions related to the judiciary.
“Such a majority cannot be achieved except through mutual compromises and some kind of negotiation“, said Prof. Kirov.