There is a possibility to start a procedure for the election of the chief prosecutor, Prof. Plamen Kirov, former constitutional officer, commented for BTA judge and head of the Department of "Constitutional and Legal Sciences" at Sofia University "St. Kliment Ohridski" in connection with the decision of the Constitutional Court regarding the amendments to the Constitution adopted at the end of 2023.
There is a decision of the Constitutional Court, everything has been clarified and from now on the procedure can begin, Prof. Kirov pointed out. “After there is no titular chief prosecutor, a procedure can always be started to broadcast one. There is a caretaker because there were constitutional changes. Constitutional changes were voted on, then attacked, and lo – there is a decision of the Constitutional Court, everything has become clear and from now on it is natural that the procedure can begin, he pointed out.
Prof. Kirov noted that the election of the chief prosecutor can make a new composition of the Supreme Judicial Council (SJC) (note: the current composition has expired) and recalled that there are already elected magistrates from the judicial quota , but there is no political one.
When asked how possible it is for the National Assembly to elect members of the SJC, in this political situation, Prof. Kirov replied that this is already a political issue. "But there is a constitutional procedure, a legal procedure, to start electing them," he said. And he recalled that the Constitutional Court was also incomplete for two and a half years, but at one point it was filled.
In connection with the fact that the constitutional judges did not reach the required majority to issue a decision on part of the changes, which is why the requests of the petitioners were rejected, Prof. Plamen Kirov explained that this means that the constitutional changes made are effective. they are not declared unconstitutional, which does not mean the opposite – that they are constitutionally compliant.
When asked if in this case the opinion of the Constitutional Court on these changes can be sought again, Prof. Kirov said that, in his opinion, it can. According to him, at another moment, another panel of the Constitutional Court may be asked to rule on these provisions as to whether they are constitutionally compliant. He added that there is no deadline for this to happen.
Regarding what he thinks in general about the decision of the Constitutional Court on changes to the Constitution, Prof. Plamen Kirov stated that the decisions of the Constitutional Court could be commented on, but they are implemented.