Alexander Kashumov to FAKTİ: The EU Court has banned bodies with expired mandates from taking decisions (VIDEO)

The decision of the European Union Court in Luxembourg that bodies with expired mandates in the judicial system cannot take decisions is very important and will have a very fundamental significance for what will happen from now on in our judicial system. We must say that in our country, bodies with expired mandates such as the Inspectorate to the SJC and the SJC itself cannot carry out activities that directly affect the independence of magistrates. The Court in Luxembourg clearly states that bodies with expired mandates cannot take disciplinary action against magistrates. He announced this to Lili Marinkova in the “FAKTİ“ studio and the “Conversation“ show lawyer Alexander Kashumov.

„With this decision, the hands of not only the Inspectorate at the Supreme Judicial Council, but also other institutions in the judicial system are tied. I give an example of the acting Prosecutor General Borislav Sarafov, because his work already raises a number of questions. We are about to see what will happen, within and within any actions in the field of the judicial system. The changes in the Inspectorate and the Supreme Judicial Council were objectively stopped due to the relatively long political crisis within five years, which prevented the political authorities from sending and replacing people in these institutions. Now the court in Luxembourg supports an understanding that there can hardly be a monarchical stay in power through the position of acting officer, because the person in this position performs real functions that affect the rights of citizens. Here the approach is already different and the interpretation of the law of the European Court says that a principle of democracy is to have a mandate, because the election is a source of power. Therefore, with the expiration of this term of office, these institutions cannot perform such important functions that affect other foundations of the constitutional order, namely the independence of the judiciary and judges,“ the lawyer added.

See more of the conversation in the VIDEO.