PP-DB submitted their proposals for changes to the Law on the Judiciary, with which they want to stop the election of a new chief prosecutor and head of the Supreme Court from the current composition of the Supreme Judicial Council. This is evident from the database of the National Assembly, but it is striking that the press center of the party did not announce this. A press release was received for the coalition's other initiative - the Law on Volunteering, which came after the loudly announced initiative of the BSP-United Left.
What is proposed by PP-DB, whose bill was signed by MPs from all parties, news.bg lists.
In the changes, the termination of the started procedures for the election of the chief prosecutor, in which the only candidate is I.F. prosecutor No. 1 Borislav Sarafov and for the chairman of the Supreme Administrative Court - in the second procedure there are still no candidates and that is in the second round of collecting nominations. The transitional and final provisions state that within a 6-month period from the entry into force of these changes in the Civil Code, the National Assembly and the bodies of the judiciary elect a new composition of the SJC, which is aimed at the current composition of the SJC, which works devotedly with term expired.
It is also envisaged that temporary acting chief prosecutors, presidents of the Supreme Court of Cassation and the Supreme Administrative Court will be determined by the Plenum of the SJC, and not by its collegiums, as is currently the practice. And accordingly, the SJC undertakes to choose a new personal identity within a period of one month. chief prosecutor and chairman of the Supreme Administrative Court, instead of the current Borislav Sarafov and Georgi Cholakov.
The MPs propose that at least three members of the Plenum of the SJC, and not the Prosecutor's College, as it is now, nominate candidates for chief prosecutor. This change in the ZSV was provoked by another procedure for the selection of prosecutor No. 1, in which there is only one candidate - i.f. the chief prosecutor Borislav Sarafov and with the "clear encapsulation" of the system, the deputies claim in the reasons for the project.
It is proposed that the Parliament hear the candidates. The Parliament does not make a decision related to the evaluation of the candidates, but ensures the necessary level of publicity and involvement of other institutions and representatives of civil society in the process. Such a hearing, according to the PP-DB, would allow maximum publicity in the evaluation of the candidate and would represent an additional guarantee for the quality of the election and for public trust in it", the deputies state in the reasons for the project.
The project also introduces two double majorities. The first concerns the election of the presidents of the Supreme Court and Supreme Court, and the candidates must not only receive at least 17 votes in their favor, but also be supported by more than half of the members of the Supreme Court, elected directly by the judges.
If the president returns the proposed candidacy, the SJC will be able to confirm his election not only with 13 votes, but with a majority of the members elected directly by the judges, prosecutors and investigators.
It is envisaged that the Plenum of the SJC, and not the collegiums, will determine the acting chief prosecutor, chairman of the Supreme Court and chairman of the Supreme Court. This can be a deputy, and if there is none, then a prosecutor from the Supreme Prosecutor's Office or a judge from the Supreme Court and Supreme Court. The temporary head cannot be a candidate for the head of the Supreme Court, the Supreme Court and the chief prosecutor. In the event of an unsuccessful procedure, the candidates for the three positions cannot be designated for i.f. within 6 months after the termination of the failed procedure. In addition, the same person is not entitled to perform the relevant functions for a period longer than six months, regardless of whether there were interruptions in the performance of the functions.
It is also proposed to terminate the already opened procedures for the selection of Prosecutor No. 1 and the Chairman of the Supreme Administrative Court and the appointment of new acting chief prosecutor and head of the Supreme Court, instead of Borislav Sarafov and Georgi Cholakov.
The MPs note that these proposals are fully in line with the decision of the Constitutional Court under the Code of Criminal Procedure. 11/2004