site.btaJustice Minister Again Challenges Sarafov's Election as Acting Prosecutor General

Justice Minister Atanas Slavov has challenged before a five-judge panel of the Supreme Administrative Court (SAC) a three-judge panel's decision to leave without consideration Slavov's appeal against the election of Borislav Sarafov as acting Prosecutor General.

Slavov expects the five-judge panel either to refer the case back to the first-instance court for a new hearing on its merits, or itself to rule on the merits, voiding the decision of the Prosecutors Chamber of the Supreme Judicial Council (SJC) whereby Sarafov was elected and to refer the case to the SJC Plenum. Alternatively, if the second-instance court finds that the SJC Prosecutors Chamber is competent to elect an acting Prosecutor General, it should rescind Sarafov's election and refer the case for a review and ruling by that Chamber.

The Prosecutors Chamber elected Borislav Sarafov acting Prosecutor General at an extraordinary meeting on June 16, a few hours after Prosecutor General Ivan Geshev was dismissed by presidential decree. The Justice Minister challenged the election before the Supreme Administrative Court, arguing that it is beyond the remit of the Prosecutors Chamber and should be done by the SJC Plenum, which elects the Prosecutor General. The three-judge panel left the appeal without consideration on the grounds that the Minister has no legitimate interest in contesting the election.

In his latest appeal, Slavov claims that he does have an interest on the grounds that the Justice Minister plays a special constitutional role as a supreme state body which is empowered to implement the interaction between the executive and the judiciary, and participates in the personnel selection of magistrates in the State's interest. Slavov argues that he had been deprived of the opportunity to exercise his powers in Sarafov's election and has a legitimate interest in referring the matter to the court.