site.btaJustice Minister: Proposed Constitutional Amendments Must Be Redrafted Regarding Caretaker Cabinet

Bulgarian Justice Minister Atanas Slavov advocates a revision of the part of draft amendments to the Constitution concerning the caretaker cabinet. Interviewed on Nova TV, Slavov outlined several possible areas of development, taking into account the recommendations of the Venice Commission, among other things.

According to the bill to amend and supplement Bulgaria's Constitution, moved by GERB-UDF, Continue the Change - Democratic Bulgaria and the Movement for Rights and Freedoms on July 28, the President would be denied full discretion in appointing a caretaker prime minister, limiting his or her choice to the chair of the National Assembly, the president of the Constitutional Court and the governor of the Bulgarian National Bank. A caretaker cabinet would be appointed by the President on a proposal by the prime minister. The President would schedule parliamentary elections within two months after the appointment of a caretaker cabinet. After its first reading debate on October 6, the draft legislation garnered 161 votes in favour, 67.1% of the total, which was less than the 75% required to be adopted straightaway but more than two-thirds, qualifying it for a second reading after December 6.

In his televised interview, Slavov reiterated that, according to the initial version proposed by Continue the Change - Democratic Bulgaria, an outgoing cabinet would perform the functions of a caretaker cabinet in line with the practice in a number of European countries. He also suggested several other options if a caretaker cabinet continues to be appointed by the President.  

"Eligibility for the office of caretaker prime minister or caretaker minister should be limited to senior public office holders in the respective remit or institution," the Justice Minister argued. "Before appointing a caretaker cabinet, the President should better hold consultations with the political forces represented in Parliament. This would set very clear standards and a course of action," Slavov argued.

He emphasized that the election of a new prosecutor general can take place next spring at the earliest after the Constitution has been amended. "The new prosecutor general will be elected by the new Prosecutors' Council, and the [justice] minister will be able to nominate a candidate if this provision is not revised," he explained.

"The extent to which the powers of the prosecution service should be curbed is subject to debate. I believe that the prosecution service should focus on criminal procedure. Bulgaria is the country with the largest per capita number of prosecutors, their capacity should be used sensibly," he commented.

"I am optimistic that we will complete the constitutional revisions meeting all standards for judicial independence and prosecutorial accountability. The amendments that have been drafted in response to consistently issued recommendations are in the most advanced phase," the Justice Minister pointed out.