Borislav Sarafov to Remain Acting Prosecutor General

The Prosecutors' College of the Supreme Judicial Council has declined to consider a request by caretaker Justice Minister Andrey Yankulov to appoint a new acting Prosecutor General in place of Borislav Sarafov.

Following a debate lasting more than three hours on March 11, members of the College were unanimous in noting that when they decided on 16 June 2023 that Sarafov would lead the Prosecutor's Office until a permanent Prosecutor General is elected, there was no limit in the law on the duration of the interim term in office.

Before the College of Prosecutors, Caretaker Minister of Justice, Yankulov, argued that a new acting Prosecutor General should be designated not only because of recent legislative amendments limiting such temporary mandates to six months, but also due to what he described as a lack of public trust in the leadership of the Prosecutor's Office.

Andrey Yankulov - caretaker Deputy Prime Minister and Minister of Justice: “Arguments concerning whether it is appropriate for him to exercise these functions were not discussed by the members of the Prosecutors' College, or at least not in detail, because they focused on the question of whether the Justice Minister can request this from them at all. In fact, I did not want to nominate a candidate for acting Prosecutor General — I wanted them to designate one,” Yankulov said.

The College unanimously concluded that the Justice Minister does not have the authority to raise the issue of appointing an acting Prosecutor General, and may only make proposals for the appointment of a permanent office holder.

Kalina Chapkanova, spokesperson for the Prosecutors' College of the Supreme Judicial Council, said:

“First, the minister does not have the legal standing to refer the matter to the Prosecutors College, even indirectly through the Plenum of the Supreme Judicial Council. Second, there is no valid subject matter on the basis of which the College could exercise its authority to appoint another acting Prosecutor General.”

Andrey Yankulov, caretaker Deputy Prime Minister and Justice Minister:

“Does this mean that until a permanent appointment is made, Mr Borislav Sarafov will always remain in the position, regardless of anything else? That was the impression left by the discussion.”

Members of the Prosecutors' College of the Supreme Judicial Council said their decision to appoint an acting Prosecutor General could only be reconsidered if circumstances change.

The Justice Minister now has 14 days to decide whether to appeal the decision.

Caretaker Justice Minister Andrey Yankulov on the “Sarafov” Case: Prosecutors' College Has So Far Shown Reluctance to Resolve the Issue