I do not think that the expired mandate of the acting Prosecutor General Borislav Sarafov is so fateful, because he himself does not investigate and his acts of investigation cannot be attacked and there will be only one administrator". This was stated to News.bg by judge Nelly Kutzkova - former chairwoman of the Union of Judges and former member of the Supreme Judicial Council. Kutzkova commented on the case that was created with the procedure for selecting a new Prosecutor General and the possible repeal of the previous amendments to the Judiciary Act by the Constitutional Court.
The lawyer explained that the judicial system has had problems with expired mandates for a long time. All kinds of institutions and regulators have been carried over for many years and with expired mandates, she pointed out.
According to the judge, what the Prosecutorial College of the Supreme Judicial Council did by leaving Borislav Sarafov as the acting Prosecutor General, even though his mandate has expired, is very unpleasant. This clearly shows disrespect for the Judiciary Act.
This decision of the Supreme Judicial Council will not be fatal and will not have much significance for the entire legal environment in the country. If the prosecution decides to do its job properly, it does not matter that the acting Prosecutor General is illegitimate, commented Judge Kutzkova. "A new Prosecutor General must be elected by a new SJC, as required by law, but it is also evident that an attempt is being made there to circumvent the election", she added.
Judge Nelly Kutzkova is skeptical and sees no indications that a new SJC will be elected this year. The professional quota is being quickly organized, but now the SJC is also waiting to see what will happen. The main problem lies in the National Assembly, which must appoint 11 new members of the personnel body, she noted.
The former President of the Union of Judges also pointed out that each subsequent SJC is doing much worse than the previous ones. "It is a matter of political will to elect a new SJC and if the parliament conducts a procedure for the election of 11 members proposed by the members of parliament, it will not be a problem to organize elections for the professional quota as well," Judge Kutzkova specified. She pointed out that the problems in the judicial system, such as the death of Martin Bozanov-Notary and the "Eight Dwarfs", will be of great importance for the election of a new Prosecutor General and a new Supreme Judicial Council. How can citizens have faith in the judicial system when such issues remain unresolved, she asked.
Judge Nelly Kutzkova described the PP-DB's idea of closing the Anti-Corruption Commission (ACC) as a bit frivolous.
"Currently, many people see the ACC as a bluff. It is better for this commission to be renewed, restored. I realize that I am speaking naively, but I hope that its new composition will include honest and prepared people, because such a commission, if it consists of competent and honest people, could do a lot to restore the state," she also commented. Kutzkova is of the opinion that if the composition of the CPC is replaced with quality people, it will have a very positive effect.