The changes to the Judiciary Act adopted by the Legal Committee, which suspend the procedure for the election of Borislav Sarafov as Prosecutor General, were commented on by former Minister of Justice Anton Stankov and lawyer Petar Slavov on the air of the program “Your Day” on NOVA NEWS.
The changes cannot be implemented until January 16, when Sarafov's election is scheduled, Slavov believes. He added that the optimistic deadline for the adoption of the bill is four months. In his words, it is unacceptable to make legislative changes in an urgent manner. “Legislative activity has its rules”, he added.
Stankov emphasized that talks about a government are continuing, which is good news. “It is becoming increasingly clear that the stake for forming a cabinet is who will be the prosecutor general”, he commented. In his words, the suspension of the procedure itself may be subject to appeal before the Constitutional Court, because the powers granted by the Constitution are limited.
“If there is a challenge to a law applicable to the procedure for selecting a prosecutor general, this means that the Supreme Judicial Council is obliged to suspend it and wait for the Constitutional Court to rule, if it has admitted the request for consideration”, Slavov explained. “With fellow lawyers, we wrote a draft of such a request. It will be considered by the Supreme Bar Council. In the short period until January 16, this is the only legitimate course of action”, the lawyer also said.
According to Stankov, the president will most likely refuse to appoint a new prosecutor general, which will extend the period for reactions by the relevant institutions – Constitutional Court and National Assembly. He also said that a new Supreme Judicial Council is expected.
“There cannot be a situation in which the president rejects the only candidate and the Supreme Judicial Council proposes him again on the same day, almost without any reasons. This must change”, Slavov believes. He was categorical that the current composition of the Supreme Judicial Council, whose mandate has expired, cannot continue its work and elect new bodies.
According to Stankov, the next candidate for the Supreme Administrative Court will be elected according to almost the same rules, and most likely by the same composition of the Supreme Judicial Council.
Slavov believes that if Sarafov is elected prosecutor number 1, there will be a very serious civil protest. “I hope that reason will be shown and the Constitutional Court will be notified”, he added.
”The election of a prosecutor general is very justified by the current political processes. Behind the scenes are powerful and influential people, with the relevant interests, with the desire to be untouchable for justice. The probability that there will be a choice is very high. The question is how society will accept it”, believes Stankov.