Supreme Administrative Court Overturns Government’s Procedure for Selecting European Prosecutor

The Supreme Administrative Court of Bulgaria has overturned a decision by the Council of Ministers of Bulgaria concerning the procedure for selecting a European Prosecutor, the court announced on its website.

The administrative case was initiated following appeals lodged by three shortlisted candidates who had participated in the selection procedure.

The Supreme Administrative Court found that the government's decision was unlawful on two grounds.

The first was a lack of consistency between the factual and legal grounds relied upon in exercising its powers. The second was the absence of the cumulative substantive legal conditions required under the legal basis cited by the government, namely Article 99(1) of the Administrative Procedure Code.

The judgment further states that this defect renders the contested decision unlawful in its entirety because of the interdependence of its individual provisions.

For that reason, the Supreme Administrative Court held that the breach of substantive law and the inconsistency with the purpose of the legislation justified annulling Council of Ministers Decision No. 267 of 9 April 2026, which had revoked Council of Ministers Decision No. 50 of 21 January 2026.

The ruling may be appealed before a five-member panel of the Supreme Administrative Court.