PP-DB headed by Nadia Yordanova, Lena Borislavova, Stoyu Stoev, Kiril Petkov have submitted a bill that essentially revokes the constitutional powers of the Supreme Judicial Council (SJC).
This is stated in the position of the constitutionalist Associate Professor Dr. Borislav Tsekov, published on his profile on the social network.
He accused the PP-DD of wanting to undermine the Constitution again, after they had already made changes to the Basic Law once, which the Constitutional Court declared invalid.
„In short, they want, with an amendment to the Law on the Judiciary, to prohibit the current and completely legitimate composition of the SJC from working and starting long delays, due to the unconstitutional constitutional changes, election of the chief prosecutor and subsequently of the chairman of the Supreme Administrative court. That is, to prohibit by law the SJC from implementing the Constitution. You heard correctly - with a legal norm they want to derogate from a constitutional norm”, Assoc. Prof. Tsekov said and added that this is unconstitutional.
„Whether someone likes this composition or not is a purely political matter and cannot be a reason for a new blocking of the activity of the SJC. If you don't like it, choose a new one. If you can't, keep quiet and don't exert political pressure on the SJC and the judiciary. The fact that the mandate of the current composition of the SJC expired a long time ago - because of these same parties, led by the PP-DB, which are not capable of electing a new one - does not at all mean that there is no SJC or that its powers are limited, Assoc. emphasized. Tsekov.
He recalled that there is one guiding principle for constitutional bodies - this is the principle of continuity of state government.
„ This principle means that regardless of whether the mandate of a constitutional body has expired or there is a resignation, this body continues to fully exercise its competences until the election/appointment of a new one. After the SJC was blocked for more than half a year because of the failed constitutional changes, now, after the decision of the SC, the SJC is not only able, but obliged to restore its normal functioning. Because it is completely legitimate and in accordance with the constitution, said Prof. Tsekov.
He said that the calls for a work stoppage are open party arbitrariness and unacceptable political pressure against the normal functioning of the constitutional system, which is carried out by a political minority and its clientele.
Assoc. Tsekov is adamant that the proposed bill is unconstitutional.