site.btaConstitutional Court Says Justice Minister Can Propose Early Dismissal of Prosecutor General, Two Supreme Court Presidents
ESD 18:13:01 08-02-2022
LN1809ES.116
116 JUSTICE-CONSTITUTIONAL COURT - PROSECUTOR GENERAL amplified2
Constitutional Court Says Justice Minister Can Propose
Early Dismissal of Prosecutor General, Two Supreme Court
Presidents
Sofia, February 8 (BTA) - The Constitutional Court held anonymously that the Justice Minister is competent to propose to the Supreme Judicial Council (SJC) the early dismissal of the Prosecutor General and the presidents of the Supreme Court of
Cassation and of the Supreme Administrative Court, if they are found in serious violations, systematically fail to fulfill their official duties, or their actions damage the Judiciary's reputation. The Constitutional Court's decision was published on its website on Tuesday.
The Constitutional Court's interpretative decision, adopted unanimously with ten votes, comes in response to a petition by the Council of Ministers on August 5, 2021. Judge Philip Dimitrov is the rapporteur in the case.
On July 22, 2021, the SJC's plenum left aside a proposal by the then caretaker justice minister, Yanaki Stoilov, for starting a procedure for the removal of Prosecutor General Ivan Geshev. The SJC's decision was made with 12 votes in favour and 8 votes against.
Stoilov's proposal was based on an alert from Interior Minister Boyko Rashkov (who was also the Interior Minister in the same caretaker governmen), containing details about alleged violations committed by the Prosecutor General.
Justice Minister Nadezhda Yordanova said in an interview on January 16 of this year that her Ministry is working on alerts that contain enough arguments that would warrant demanding Ivan Geshev's early dismissal from the post. According to her, there must be a clear and transparent procedure that could establish whether there are grounds for dismissing the prosecutor Following the Constitutional Court ruling, Yordanova said at a news briefing that they have prepared and will submit shortly a
motion for Geshev's removal. "It is an important safeguard against the emcapsulation of the judicial power branch. We will start a procedure after an analysis of the actions and inaction of the Prosecutor General."
She added that an important consequence of the Constitutional Court ruling is that the Supreme Judicial Council will have to consider the motion on its merit.
The first time, the debate on the motion for Geshev's removal at the Supreme Judicial Council was based on whether it was admissible or not.
Prime Minister Kiril Petkov said he was happy after the Constitutional Court ruling. "It was very important to hear that the Prosecutor General does not have an only-God-above-me status and that there is a procedure whereby the Justice Minister can petition the Supreme Judicial Council for his removal," said Petkov. He added that from now on the Supreme Judicial Council have an important role to play and expressed hope that the Justice Minister will submit convincing facts about unlawful actions by the Prosecutor General. "The question is whether the Supreme Judicial Council is up to the responsibility it is vested with by the Constitution," he added. RY/MY/LN
//
LN1809ES.116
116 JUSTICE-CONSTITUTIONAL COURT - PROSECUTOR GENERAL amplified2
Constitutional Court Says Justice Minister Can Propose
Early Dismissal of Prosecutor General, Two Supreme Court
Presidents
Sofia, February 8 (BTA) - The Constitutional Court held anonymously that the Justice Minister is competent to propose to the Supreme Judicial Council (SJC) the early dismissal of the Prosecutor General and the presidents of the Supreme Court of
Cassation and of the Supreme Administrative Court, if they are found in serious violations, systematically fail to fulfill their official duties, or their actions damage the Judiciary's reputation. The Constitutional Court's decision was published on its website on Tuesday.
The Constitutional Court's interpretative decision, adopted unanimously with ten votes, comes in response to a petition by the Council of Ministers on August 5, 2021. Judge Philip Dimitrov is the rapporteur in the case.
On July 22, 2021, the SJC's plenum left aside a proposal by the then caretaker justice minister, Yanaki Stoilov, for starting a procedure for the removal of Prosecutor General Ivan Geshev. The SJC's decision was made with 12 votes in favour and 8 votes against.
Stoilov's proposal was based on an alert from Interior Minister Boyko Rashkov (who was also the Interior Minister in the same caretaker governmen), containing details about alleged violations committed by the Prosecutor General.
Justice Minister Nadezhda Yordanova said in an interview on January 16 of this year that her Ministry is working on alerts that contain enough arguments that would warrant demanding Ivan Geshev's early dismissal from the post. According to her, there must be a clear and transparent procedure that could establish whether there are grounds for dismissing the prosecutor Following the Constitutional Court ruling, Yordanova said at a news briefing that they have prepared and will submit shortly a
motion for Geshev's removal. "It is an important safeguard against the emcapsulation of the judicial power branch. We will start a procedure after an analysis of the actions and inaction of the Prosecutor General."
She added that an important consequence of the Constitutional Court ruling is that the Supreme Judicial Council will have to consider the motion on its merit.
The first time, the debate on the motion for Geshev's removal at the Supreme Judicial Council was based on whether it was admissible or not.
Prime Minister Kiril Petkov said he was happy after the Constitutional Court ruling. "It was very important to hear that the Prosecutor General does not have an only-God-above-me status and that there is a procedure whereby the Justice Minister can petition the Supreme Judicial Council for his removal," said Petkov. He added that from now on the Supreme Judicial Council have an important role to play and expressed hope that the Justice Minister will submit convincing facts about unlawful actions by the Prosecutor General. "The question is whether the Supreme Judicial Council is up to the responsibility it is vested with by the Constitution," he added. RY/MY/LN
//
news.modal.header
news.modal.text