The way in which the acting prime minister is determined through the so-called “house book“, as well as the changes in the law and the Constitution, can lead to extreme unpleasantness. It is possible to reach a situation without a clear legal outcome, in which the cabinet of Rosen Zhelyazkov will continue to govern until some decision is made. Recently, the names of the deputy governor of the BNB Andrey Gyurov and the chairman of the Court of Accounts Dimitar Glavchev, who has already been acting prime minister twice, have been circulating as the main contenders, after we only hear refusals from the other possible options. Interestingly, there are cases with both of them. In the case of Andrey Gyurov, it is connected with legal proceedings. Under Dimitar Glavchev, it is based on trampling on Bulgarian laws, if they have any significance at all when it comes to high-ranking state positions.
The case of Andrey Gyurov's removal from the post of Deputy Governor of the Bulgarian National Bank, following decisions by the Anti-Corruption Commission and the BNB, is considered extremely important by the Court of Justice of the European Union. A large panel of 15 judges, headed by the President of the Court of Justice of the European Union (CJEU) Kuhn Lennarts, will sit on the issues raised by the dismissal of Andrey Gyurov as Deputy Governor of the Bulgarian National Bank (BNB). The BNB Governing Council decided that Andrey Gyurov “does not meet the requirements necessary for the performance of his duties“ and has been “found guilty of committing a serious misconduct” – two of the grounds in the BNB Act for dismissing a deputy governor, reports “Lex“.
This decision was reached after the Anti-Corruption Commission (ACC) established incompatibility with Gyurov – “his participation as a partner in “Yontech Engineering“ OOD, as well as in connection with his activities as a member of the management body of non-profit legal entities: Association “Balkan – Panitsa Institute for Scientific Research“ and Association “Golf Club Blagoevgrad“, without a decision of the BNB Board of Directors under Art. 12, para. 5, clause 2 of the Bulgarian National Bank Act“.
Gyurov appealed not only the decision of the BNB Board of Directors, but also that of the ACC, which the Central Bank relied on. At the end of 2024, the Sofia City Administrative Court (SCAC) ruled that the decision of the CPC was null and void. However, it was challenged before the Supreme Administrative Court, which stayed the case pending the decision of the court in Luxembourg.
There is a pending legal issue surrounding Gyurov, and if the Court of Justice of the European Union confirms the decision of the BNB, a serious problem arises - Bulgaria had an acting prime minister who should not have been in the "house book"? If there were a final court decision to clear the case, this problem would not exist. However, there are currently no such decisions, and therefore the choice hides many pitfalls. Otherwise, the decision of the Court of Justice of the European Union is expected sometime in the summer, and the decision will be effective from then on. At the moment, there is no decision, Gyurov is an option, but is it a good one...
Could Dimitar Glavchev become acting prime minister again? If we were a normal country - no. But Bulgaria is not a normal country, because the laws in the country do not apply to the powerful of the day. Why? We are not short-sighted. We have not forgotten that Dimitar Glavchev combines two positions - that of acting prime minister and foreign minister in his first cabinet. This leads to a violation of the legal requirements for him to return to head the Court of Accounts, because he was foreign minister. From acting prime minister you can return to your previous post, but if you were a minister - no. And Glavchev was.
„If we talk about Glavchev's return to the Court of Accounts, I think this is not possible, because he will not meet the requirement of incompatibility. The texts written in the Court of Accounts Law, related to the criteria regarding the people who can lead the court, are not self-serving. This is not a random body and whoever manages it must meet the highest requirements for integrity and independence. Otherwise, the regulation loses its meaning. The fact that Mr. Glavchev combines two positions - that of acting Prime Minister and Foreign Minister - leads to a violation of the legal requirements for him to return to head the Court of Accounts, Bilyana Gyaurova from the Bulgarian Institute for Legal Initiatives (BILI) announced in an interview with Fakti.bg.
How then can a person who should not head the Court of Accounts as of today, because he was Foreign Minister, again become acting Prime Minister, since the post of Chairman of the Court of Accounts is part of the “house book“, from which the President must choose? Is there a national short-sightedness, or does it all come down to “being alive and well“, and things will get better?