" The Constitutional Court failed to overcome its own limitations and to be on top of the current political and geopolitical situation. This constitutional decision is not just closed within Bulgaria, but has a projection outside our territory as well."
This is what Bilyana Gyaurova, director of the Bulgarian Institute for Legal Initiatives, told BNR regarding the court's ruling on the changes to the Constitution.
Among the problematic elements, she singled out "the glaring double standard that was applied to the judiciary and, on the other hand, the presidential institution," this can only be done through a Great National Assembly.
"This double standard is very obvious."
According to her, in the decision of the Supreme Court "there is quite unclear reasoning from a legal point of view".
There are more than 20 references to a decision of the Supreme Court from 2003. The Supreme Court missed its chance to show that its decisions are not sacred cows and can be revised, Gyaurova commented in the show "First of all".
"Alas, the constitutional judges did not dare."
It is very logical to think that at a not so late stage it will be very clear whether there is a chance for the Constitutional Court to re-examine the case with the caretaker government, noted Bilyana Gyaurova. Changes in the personal composition of the court are coming, and this is quite possible, she explained.
"The Bulgarian Constitutional Court, by its composition, is a quasi-political body. There's nothing to lie to," Gyaurova pointed out.
According to her, the decision opens up a very big topic that has not been discussed in depth over the years – to reform the SC itself. She gave an example of not being bound by deadlines, as well as the impossibility of making a decision on a given issue.
"There is a constitutional short-sightedness on the part of the Constitutional Court. On the one hand, it retains the text in which it says that the court is the main bearer of judicial power, but this remains as a declaration, as it does not allow this principle to be developed, including at the constitutional level. This opens the door to attack serious changes that have been made over the years, mainly in the judiciary. This constitutional short-sightedness borders on irresponsibility."
Most likely, it will start not with filling in the composition of the Supreme Judicial Council, but possibly with the position of the chief prosecutor and the chairman of the Supreme Court, predicts Bilyana Gyaurova in her analysis of the frozen key elections in the judiciary.
"Because this SJC is, roughly speaking, verified. With him, there are no unexpected surprises, critical voices are in an absolute minority, and people will be able to be installed who will continue the policy led by the judiciary."