“Instead of investing trust in the election of Borislav Sarafov, this delegitimized Supreme Judicial Council (SJC) will fill him with so much negativity and such negative energies that the very next day someone will ask for his resignation . There is no point in this choice. It's a doomed choice”. This was stated by former Justice Minister Atanas Slavov in “Your Day” on NovaNews on the occasion of the nomination of Borislav Sarafov as the new chief prosecutor at today's session of the SJC.
“After today's nomination of Borislav Sarafov as the new chief prosecutor, it seems that his election is guaranteed. I believe the majority have and that is the scariest part. It has been there ever since the prosecutor's collegium unanimously appointed Mr. Sarafov as the acting chief prosecutor, although in my opinion he had no such right," said Slavov and recalled that despite the appeal of the procedure, the Supreme Administrative Court (SAC) defended it .
The lawyer from “We continue the Change - Democratic Bulgaria” confirmed that one of the first things in the new parliament is to request an interpretation from the Constitutional Court as to whether this composition of the Supreme Judicial Council (SJC) has the right to elect a new chief prosecutor and president of the Supreme Court.
“Paragraph 23 of the transitional and final provisions of the Constitution prohibits it. This paragraph was included in the changes because it was clear that this composition of the SJC was delegitimized by a series of decisions, including the election of Ivan Geshev. It is in an incomplete composition and is two years beyond its mandate, commented Slavov, who is the leader of the list of the PP-DB for the Sofia region.
According to him, the logic of some experts is inapplicable, that due to the rejection of the other changes in the part on the judicial reform, the meaning of the paragraph in question also disappears.
“The Constitutional Court (CC) had the opportunity to rule on the constitutionality of these changes. This paragraph was challenged within the entire package of changes, but the SC refused to declare it unconstitutional. Now the CC is the authority that must say - what is the reason and meaning of this paragraph being an active text. If we open the Constitution, he is there. The others are canceled and missing. This is a constitutional level, it is a supreme law and this supreme law must be applied instead of a contradictory ordinary law such as the Law on the Judiciary, commented Slavov, who is also a professor of constitutional law.
The former justice minister recalled that the president or the Supreme Court of Cassation (SC) can also contest the procedure for selecting a new chief prosecutor. “The Supreme Court consistently defended the changes in the Constitution with opinions and by participating in the discussions of the president of the court. It would be better for the Bulgarian judicial system, if not a political formation, but one of the bodies in the judicial power referred to the Constitutional Court, he said.
“President Radev refused to sign the decree appointing Ivan Geshev as the chief prosecutor for the first time with the argument that he was the only candidate. Now obviously Borislav Sarafov is the only candidate," added Slavov.
“It is important to clear the procedure itself of doubts and to give the opportunity to other candidates with high professional and moral qualities to participate in the race for chief prosecutor. A one-horse race organized by a body delegitimized in the eyes of the public and the professional guild is reminiscent of a bygone era”, he concluded.