There are many questions regarding the objectivity of The Supreme Judicial Council (SJC) and its independence. Doubts about the dependence of the Supreme Administrative Court remain in the field of politics. However, the court is obliged to decide the dispute in favor of one or the other. There is no other way out of this situation.
This is what constitutionalist Orlin Kolev told BNR.
"Concerns can be raised about the activities of this SJC in view of what we have seen in the recent past regarding the Attorney General and actions against him. This raises many questions," Kolev said.
According to him, the probability that the procedure for selecting the chief prosecutor will be stopped is very small and he emphasized that it could have been stopped.
"If the Plenum of the SJC had not made a decision, because the Prosecution College can propose the resumption of the procedure, but it will only resume with a decision of the SJC, which in fact it did today. From there, all the actions (to stop the procedure - n.b.) seem to me unfeasible. A parliament that is in such a loose state would hardly gather a majority of 48 deputies to make a request to the Constitutional Court. There could also be an obstacle here, since the SC with its decision with which it ruled regarding the changes to the Constitution, admittedly succinctly, but still discusses the questionable paragraph 23 of the transitional provisions of the Constitution, around which the dispute revolves. And since this paragraph is related to the already repealed constitutional norms, in practice this paragraph has no independent effect and cannot exist. It is very likely that even if such a request is prepared, the Constitutional Court will not allow it," the expert pointed out.
Even with a reduced composition, the SJC can make legitimate decisions, as long as the requirement for a majority with which a decision can be made is met, the constitutionalist explained.
According to Orlin Kolev, the court is obliged to make a decision on the case with the dispute between the two factions in the DPS:
"Doubts about the dependence of the Supreme Administrative Court remain in the field of politics. However, the court is obliged to decide the dispute in favor of one or the other. There is no other way out of this situation.