Indeed, the mandate of the Supreme Judicial Council has expired, but its powers have not been terminated, as no new elections have been held. nor has such a procedure for electing members of the SJC by the National Assembly started. The SJC is a permanent body and cannot stop functioning, which is why it should continue to exercise its powers, including the election of the President of the Supreme Administrative Court and the Chief Prosecutor. This is stated in the position of the Chamber of Investigators in Bulgaria, quoted by Nova TV.
According to them, it is not right because of someone's "opportunistic interests and inaction" The Supreme Court and the prosecution find themselves in a similar situation – without permanent holders of the posts of President of the Supreme Administrative Court and Chief Prosecutor. The Chamber believes that it is therefore necessary for the only constitutionally responsible body, namely the SJC, to fulfill its duties without being influenced by pressure and considerations beyond the law.
Investigators call on those who are "aggressively trying to impose the opinion that this composition of the SJC is not legitimate to exercise its powers to elect the President of the Supreme Administrative Court and the Chief Prosecutor, not to obstruct the functioning and implementation of his duties".
"Procedures for the selection of administrative heads in the judicial system should continue, so that it can function adequately in modern times and without upheavals. It is time for the National Assembly to also fulfill its duties by electing the relevant members of the bodies with expired mandates from the political quota. "Inaction is harmful to everyone," the investigators' position states.
The Chamber notes that the only candidate for chief prosecutor - Borislav Sarafov, is a career magistrate, and the National Investigative Service was "far-sightedly led by him" for nearly six years. He is one of us, he has proven himself as a professional and a person of the system, who has passed all levels in the hierarchy, the Chamber also says.
A few days ago, the Plenum of the SJC adopted a position stating that the calls to suspend the procedure for the election of the President of the Supreme Administrative Court (SAC) and the Chief Prosecutor are a call for the Supreme Judicial Council (SJC) to violate the Constitution, which is unacceptable.