I.f. chief prosecutor Borislav Sarafov submitted to the Constitutional Court an opinion on behalf of the Prosecutor's Office of the Republic of Bulgaria regarding constitutional case No. 1 of 2024 and the related constitutional case No. 2 of 2024, initiated by two requests - of the president and a group of people's representatives , to establish the unconstitutionality of a number of provisions of the Law on Amendments and Supplements to the Constitution, adopted at the end of 2023 by the 49th National Assembly.
The opinion indicates the possible consequences of the restructuring of the prosecutor's office and the removal of the constitutional powers of the chief prosecutor, including the supervision of legality and methodical guidance over the activities of all prosecutors and the referral to the Constitutional Court with requests for mandatory interpretations of The Constitution in order to protect the rights and legitimate interests of citizens.
Amendments to the Constitution not only affect basic legal principles, but also legal certainty and stability, the prosecutor's office points out in its opinion to the Constitutional Court.
The opinion refers to amendments and additions to the Basic Law regarding the structure and powers of the prosecutor's office, the functions and mandate of the chief prosecutor, the closure of a constitutionally established body of the judiciary such as the Supreme Judicial Council and the creation of a Supreme Judicial Council for judges only and of the High Prosecutor's Council - for prosecutors and investigators.
With the Law on Amendments and Supplements to the Constitution, the powers of the prosecutor's office to take actions to cancel illegal acts or actions in the interest of persons who need special protection are limited, Borislav Sarafov points out.
"There is a real risk that instead of achieving greater accountability of the prosecutor's office, the corrective in the face of the non-judicial quota in the Supreme Prosecutor's Council will become an instrument for political influence in the judiciary,'' the PRB's opinion states. It points out that some of the provisions in the Law on Amendments and Supplements to the Constitution are in conflict with the established practice of the Constitutional Court (with its specific decisions).
A number of the changes made are within the exclusive competence of only the Grand National Assembly (expressly outlined by the Constitution), as they affect the basic principles on which the state, the state structure and governance, the system of higher state institutions are built.
"The limits of the framework defined by the Constitution have been exceeded. The Supreme Prosecutor's Council will be dominated by the members elected by the parliament. In practice, this will lead to a situation where decisions related to the appointment, certification and career development of prosecutors and investigators will be made by a body composed of persons, for the most part, external to the judicial system," the opinion states. of the prosecutor's office to the Supreme Court.
It should be noted that prosecutors and investigators cannot be elected in the two councils from the parliamentary quota, which unjustifiably limits the magistrates. The members of the High Prosecutorial Council from the professional quota will be twice less than those elected by the highest political and legislative body of the country, and this not only disturbs the balance between the authorities, but also damages the independence of the prosecutor's office and the investigation.