Can the Plenum of the Supreme Judicial Council elect a Prosecutor General? And can this composition of the Supreme Judicial Council elect one for a full term at all? I will tell you the legal position on the matter. However, in fact, another question arises. More importantly, is whether we currently have an acting Prosecutor General in the person of Sarafov. A decision has been made on this issue. This was announced to Lili Marinkova in the studio „FACTI“ and the program „Conversation“ by lawyer Alexander Kashumov.
„Let's be very clear - in a real-life sense, everyone can interpret the law differently. But there is no single interpretation that is only subjectively valid. There is no room for doubt here - the courts can control the acts of the prosecutor's office in accordance with the law. The Supreme Administrative Court and the Supreme Court of Cassation are precisely the bodies that can rule on such issues. The colleagues who have already ruled have interpreted the law clearly. The Supreme Court of Cassation ruled that at the moment we do not have a legally performing prosecutor general," the guest added.
“Can the Plenum or the collegium elect a prosecutor general - that is the real question. The Constitution, in Article 129, paragraph 2, provides that the prosecutor general is appointed by the president upon the proposal of the Plenum of the SJC. In many places around the world, the prosecutor's office is not part of the judiciary. The prosecutor general has guarantees of independence, but not of impartiality in the same sense as a judge. In some countries, the Minister of Justice plays the role of the Prosecutor General, combining political and institutional responsibility, added lawyer Kashumov.
See more of the conversation in the VIDEO.