With regard to the refusal of the Prosecutor's College to initiate disciplinary proceedings against Borislav Sarafov, the Minister of Justice has the right to appeal. He can express his disagreement by appealing this refusal to the Supreme Administrative Court and there to state the reasons why he does not agree. From what I understood, it seems quite illogical to me that the Prosecutor's College refuses to initiate disciplinary proceedings with the argument that no violations have been proven. It is clear to everyone that a proceeding is initiated precisely to collect evidence from which it becomes clear whether a disciplinary violation has been committed or not. To say in advance that there is no evidence is not serious. He announced this to Lili Marinkova in the studio “FAKT“ and the show “Conversation“ Judge Kalin Kalpakchiev.
“Some of the violations are stated to have expired, and for others to have not been proven. There are also controversial points in the violations with expired statute of limitations, because, as far as is clear, the minister's proposal was made on time. The Prosecutor's Office at the Supreme Judicial Council did not consider the proposal quickly enough, a month and a half has passed and the deadline has expired. All this is subject to verification, but in any case, a contradictory decision is obtained, because we also do not know exactly what the facts of the case are. The competent body that can assess is the Supreme Administrative Court. It is logical for the Minister of Justice to appeal the refusal to investigate Sarafov“, the guest added.
“Change is not expressed only in a one-time action in one direction. Changes are needed in many directions when we talk about the judicial system. On first of all - what will be the composition of the new SJC and what will be its powers. These are things that are related to changes in the Law on the Judiciary. Then comes the question of those judges and prosecutors for whom there is evidence or evidence has been collected after disciplinary proceedings or criminal investigations that they have exercised their functions in violation of the law and have abused it. They must be removed. There are such mechanisms in the law now, but this is a long process,“ Kalin Kalpakchiev also shared.
See more of the conversation in the VIDEO.