The changes to the Judiciary Act are an overambitious project that needs more time. This opinion was expressed in the program “Offensive with Lyubo Ognyanov” on NOVA News by the former Minister of Justice Danail Kirilov.
“I do not want to enter into analyses that contain epithets. The situation over the past four years is clear. I have remained silent rather out of disgust and out of the conviction that in this situation I cannot contribute with content and essence. Politics should be a search for content and meaning, not just battles and duels. Now I am a lawyer – in practice, on the ground”, he emphasized in response to a question about why he had refused television appearances in the past few years.
He also commented on the idea of a new draft of the Constitution and the changes concerning the part concerning the judiciary, which were proposed when he was the head of the Ministry of Justice. “Part of the proposals in that draft of the Constitution, which was prepared in a very short time frame amid protests – actually reflected all the demands made by the demonstrators and the then opposition. This was the aspiration of the colleagues and we have included everything that was expressed in the last five years – both on the square and in the media, and also as conferences and discussions for a possible partial or complete amendment of the Constitution. Now the colleagues have assessed to what extent to comply with this. Unfortunately, then the draft itself was not discussed in substance. The goal was to attack and attack quickly. I think that in view of the situation at that time – the result was explainable”, he pointed out.
When asked if he were the acting Minister of Justice now – would he have nominated an alternative candidate for Prosecutor General, he was categorical that he would not have done so. „And now the Minister of Justice still has this authority. And it is seen that at four meetings he had the opportunity to nominate an alternative candidate. And he did not do so. And I will explain to you why. Because this means opposing an external candidacy to the one that is supported by the guild… by the class. And this introduction would initially contaminate such a proposal. Another issue is that specifically for this competence of the Minister of Justice under Article 173 of the Judicial Power Act – it is no longer relevant. It is no longer operational. It had a historical meaning that currently cannot receive this content. He cannot get it even in the few hypotheses when this election would take place in some extraordinary situation. And we will probably get to the point in time where prosecutors and magistrates will not even have the desire to run for the position of prosecutor general,” he explained.
Regarding the changes to the Judiciary Act proposed by the PP-DB, Kirilov emphasized that "this is a bill that requires more time". "There are many things that should be discussed. Yes, there is an attempt to justify them. But this is an overambitious bill. Only the text that concerns the termination of pending procedures is sufficient - until a certain circumstance occurs. From the current texts, what is in excess is the excessive restriction of the possibility for acting prosecutors to be candidates in competitive procedures. This, in my opinion, is debatable and in any case will lead to legal disputes," the former justice minister emphasized.
According to him, the other serious problem is the creation of a double majority in decision-making.