"If it follows its chronogram, the Supreme Judicial Council should elect a Prosecutor General on January 16. There must be a choice of candidate. We have a competitive procedure, there is nothing wrong with having only one candidate. He will be elected when he receives 13 votes. Although January 16 is approaching, if we do not have 13 votes, we will not have a prosecutor".
This was stated by constitutionalist Dr. Orlin Kolev in the studio of "Denyat ON AIR".
Dr. Kolev does not rule out the possibility that deputies will try to block the election through changes to the law on the judiciary, although he admitted that the legislative process is complex and requires time.
"The legislative process must go through two readings and be considered by the relevant committees," he explained.
Regarding the possibility that the president may not sign the decree for the new prosecutor general, Dr. Kolev was categorical that such an action would be in violation of the Constitution.
"The president does not have the authority to delay the signing of the decree. If he refuses to sign it, this would mean interference in the judiciary," the constitutionalist explained to Bulgaria ON AIR.
Dr. Kolev also commented on the hypothesis that the Constitutional Court could be referred to the issue of the election of the Prosecutor General and the right of the Supreme Judicial Council to elect the prosecutor whose mandate has expired.
"The Constitutional Court has already ruled on a similar issue in 2023, when the request to suspend the elections was not allowed," he reminded.
According to him, in this case it is unlikely that the Constitutional Court will rule differently.
One of the main issues raised by Dr. Kolev is the draft law on the judiciary, which limits the possibility of re-election of magistrates holding positions for a certain period.
"I am not convinced that this is in the context of the Constitution, as it violates the principle of equality of citizens", he pointed out. According to him, this bill can be challenged by the bodies that specialize in equality.