site.btaProsecution Service's Observations on Constitutional Revisions Submitted to Constitutional Court

On behalf of the prosecution service, Bulgaria's acting Prosecutor General Borislav Sarafov on Tuesday submitted to the Constitutional Court observations on the latest amendments to the Constitution passed on December 20, 2023, the prosecution service said in a press release.

The observations discuss the revised provisions concerning the structure and powers of the prosecution service, the functions and term of office of the prosecutor general, the closure of the Supreme Judicial Council, which is a judicial body established by the Constitution, and the setting up of a Supreme Judicial Council for judges and a Supreme Prosecutorial Office for prosecutors and investigating magistrates.

"The Act to Amend and Supplement the Constitution curtails the powers of the prosecution service to take steps for the revocation of unlawful acts or actions in the interest of persons in need of special protection," the observations say.

"A number of the amendments enacted fall within the exclusive competence of a grand national assembly (as explicitly outlined by the Constitution) because they concern the fundamental principles underlying the State, the organization and governance of the State, and the system of supreme government institutions," the observations insist.
 
"The limits set by the framework defined by the Constitution are exceeded. The Supreme Prosecutorial Council will be dominated by members elected by Parliament. As a result of this, the appointment, appraisal and career growth of prosecutors and investigating magistrates will be practically decided by a body composed of persons most of whom are outsiders to the judicial system," the prosecution service observes.

It calls attention to the fact that prosecutors and investigating magistrates may not be elected to either council from the parliamentary quota, which imposes an unjustified restriction on magistrates. The members of the Supreme Prosecutorial Council from the professional quota will be half the number of those elected by the country's supreme political and legislative body, which upsets the balance of powers and, worse yet, infringes on the independence of the prosecuting and investigating magistracy, according to the observations.

"Instead of increasing the accountability of the prosecution service, the non-judicial quota in the Supreme Judicial Council, which is supposed to act as a corrective, risks turning into a tool of political influence in the judiciary," the prosecution service points out.

The observations point to the possible consequences of the restructuring of the prosecution service and the divesting of the prosecutor general of constitutional powers, including the exercise of supervision as to legality and methodological guidance of the activity of all prosecutors and approaching the Constitutional Court for interpretations of the Constitution for the purpose of protecting citizens' rights and legitimate interests.

The prosecutors argue that the constitutional amendments affect basic legal principles as well as legal certainty and stability.

The Constitutional Court requested the observations for a joint constitutional case instituted on petitions filed by President Rumen Radev and by MPs of Vazrazhdane and There Is Such a People in January 2024. The head of State challenged the constitutionality of several amended provisions, whereas the lawmakers argued that the amending law was unconstitutional in its entirety.