The election of new Prosecutor General and President of Supreme Administrative Court started with accusations of illegitimacy

The Supreme Judicial Council (SJC) started the procedure for the election of a new Head of the Supreme Administrative Court, as the current term of Georgi Cholakov expires at the end of November. The decision was taken with 15 votes in favour and three against. The vote is to take place on 20 March next year.

The decision was taken despite President Rumen Radev's warning that he might not sign decrees for a new Prosecutor General and President of the Supreme Administrative Court because of the expired term of the SJC. They responded with a statement noting that when they dismissed Ivan Geshev from the post, no one reacted that they were illegitimate. The lawyers threatened a protest because of the procedures that had been initiated.

The SJC meeting began with the discussion of a position against the accusations of politicians and NGOs of illegitimacy and political dependencies.

"It is remarkable that in 2023, when the SJC opened a procedure for early termination of the term of office of the Prosecutor General, there were no objections to illegitimacy and moral integrity of the council," said Boyan Magdalinchev - representing the SJC.

The text caused controversy.

"I will not support this declaration. It sounds like a political declaration to me, but we are constantly reproaching each other not to speak politically and not to express such positions," said Atanaska Disheva, a member of the SJC.

"I don't think it is political in nature. On the contrary - the SJC should defend its own independence along with that of the entire judiciary," Daniela Marcheva replied.

The position was adopted with 14 votes in favour. It states that suggestions of lack of moral integrity, illegitimacy and political dependence constitute a gross interference in the independence of the judiciary. According to the magistrates, the functioning of the current composition under expired term is not the fault of the SJC, which had fulfilled its duties in 2022 by filling the judicial quota but continues to function due to the absence of elected members from the parliamentary quota.

Boyan Magdalinchev - representing the SJC: We are far from thinking that President’s comments are an attempt at interference. It can be taken as some kind of pressure, but not interference.

President Rumen Radev: This SJC has no legitimacy to elect the Prosecutor General

According to caretaker Justice Minister, Maria Pavlova, the procedures for the election of the Prosecutor General and the Head of the Supreme Administrative Court should be completed because the Constitution allows it.

According to Pavlova, it is the politicians who have allowed key institutions to function with expired mandates.

"I just want to ask what the Parliament did in the last two years to initiate a procedure for the election of a new SJC? Three Parliaments in two years did not even adopt rules for the election. They showed no elementary willingness to start a procedure. On the contrary - they cancelled the election of the judicial quota because we had at least half of the elected members."

All 27 bar associations in the country called on the Supreme Judicial Council to suspend the open procedure for the election of both the Prosecutor General and the SAC President until a new Supreme Judicial Council is formed.

The bar associations also call on the candidate for Prosecutor General - acting Prosecutor General, Borislav Sarafov, to withdraw his nomination and his participation in a procedure because of the lack of the necessary public trust.

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