The Supreme Court of Cassation (SCC ) deleted Kornelia Ninova as chairman of the BSP and entered in the register of political parties as temporary chairman Atanas Zafirov, BNR reports.
In the reasoning of the supreme judges, it is written that the dispute in the case is focused on the legal meaning and consequences of Ninova's resignation. She resigned immediately after the early elections on June 9. When resolving this issue, the next one is also raised, the supreme judges point out, regarding the possibility of different persons being entered in the register as chairman and representing the party.
They point out that the legal doctrine and the interpretive practice of the Constitutional Court consider the resignation as a subjective transformative right, which leads to a unilateral termination of the powers, with the opposing party submitting to the legal change caused by his exercise. In order for this consequence to occur, the act must be the result of a freely formed will and reach the knowledge of the legal counterparty.
Thus, in the case, the judges refer to an open letter of Kornelia Ninova, in which she states that she is resigning as chairman of the BSP party, and the letter was sent to the members of the party. From the text of this personal statement of Ninova, it is clear that a decision has been taken and an unwavering will to suspend the performance of the presidential function, thus Ninova assumes the political responsibility for the results of the elections, writes in the reasons of the Supreme Court of Cassation.
There it is also specified that the BSP Statute stipulates that the Congress of the party, as the supreme body, will determine the termination of the powers of the BSP chairman in the event of a resignation. However, the finding has no relation to a legal relationship already terminated by the authority, it is written in the reasons. Congress does not have the authority to accept or not accept the resignation, respectively there is no possibility of preserving the legal relationship, because it is supported by the submission of the resignation statement, the judges are categorical.
Thus they put an end to this legal dispute. Now, purely procedurally, the Sofia City Court has to reflect this decision of the Supreme Court of Cassation, which is final.