SJC postpones the review of request for Chief Prosecutor’s early dismissal pending adoption of procedural rules

The agenda of the meeting of the Supreme Judicial Council (SJC) on March 10 included only one item - the proposal of Justice Minister Nadezhda Yordanova for early removal of Prosecutor General Ivan Geshev from the post.

The justice minister told the members of the council that with his conduct, the prosecutor general was damaging the prestige of the judiciary. She suggested that the Plenum of the SJC should consider the above circumstances related to his acts and inactions that lead to violation of his duties.

The President of the Supreme Administrative Court, Georgi Cholakov, then took the floor. He proposed a postponement until the final ruling of the Supreme Administrative Court on the previous proposal for the removal of Ivan Geshev, which was made by the then caretaker minister Yanaki Stoilov.

Cholakov said, "I ask politics to leave this hall and law to enter."

Cholakov also proposed that the legal committee of the SJC be tasked with drafting rules for the procedure to be followed during the consideration of the motion submitted by minister Nadezhda Yordanova.

Prosecutor General Ivan Geshev once again said that he was not worried in any way, on the contrary - he wanted both Yordanova's and Stoilov's proposals to be considered as quickly as possible on their merits and made as publicly visible as as possible. Geshev insisted on a live broadcast on BNT.

"This is the way to see the obvious legal unsubstantiality of both requests," Geshev said.

He said he agreed with the proposal to draw up rules for the procedure. He pointed out that this was a matter of special disciplinary responsibility, so there were no obstacles to applying the practice and experience of disciplinary proceedings.

"It is clear to me that this is a political attack on the Prosecutor’s office. It is becoming increasingly clear to our European partners. Eight per cent confidence, if that is true, that means more confidence than in some political forces which representatives are here in this room. The judiciary is under pressure from the executive," the chief prosecutor said.

After a brief discussion, the SJC decided to postpone the issue for two weeks to draw up procedural rules. Geshev explicitly noted that he did not vote because he did not want any suspicion of influence from his side on the council.

The request is based on Article 129 of the Constitution - for serious misconduct or systematic failure to perform official duties, as well as actions that undermine the prestige of the judiciary.

The magistrates cannot refuse to deal with the merits of the case this time since the Constitutional Court has ruled that the matter should be heard and it is within the powers of the Minister of Justice to make such a proposal.

The case is without precedent.

The members of the SJC will have to decide on the rules of the procedure.

According to the Law on the Judicial Power, the removal of the chief prosecutor from the post requires a decision of the Supreme Judicial Council on the basis of 17 votes out of 25.

images by Dessislava Kulelieva

Bulgaria’s Justice Minister will ask SJC to dismiss Ivan Geshev from the post of Chief Prosecutor

Chief Prosecutor Ivan Geshev responds to proposal for his early dismissal

Чуйте последните новини, където и да сте!
Последвайте ни във Facebook и Instagram
Следете и канала на БНТ в YouTube
Вече може да ни гледате и в TikTok
Намерете ни в Google News