site.btaSupreme Administrative Court: Justice Minister Lacks Legal Ground to Appeal Election of Borislav Sarafov as Acting Prosecutor General

The Supreme Administrative Court (SAC) finds that the Justice Minister lacks legal ground to appeal the election of Borislav Sarafov as acting Prosecutor General. According to the five-judge panel, the Supreme Judicial Council's Prosecutors Chamber is the body determining who will be acting prosecutor general.

The Justice Minister is not actively legitimized to propose who of the Prosecutor General's deputies will be elected acting Prosecutor General. The legislator has left this power entirely to the corresponding chamber of the Supreme Judicial Council. The Justice Minister is not among the officials who have the right to appeal the Prosecutors Chamber's decision on the acting Prosecutor General, the SAC's reasoning reads.

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. Justice Minister Atanas Slavov challenged the election before the SAC, arguing that it is beyond the remit of the Prosecutors Chamber and should be done by the Supreme Judicial Council Plenum, which elects the Prosecutor General. After a three-judge panel of the SAC left the Minister's appeal without consideration on the grounds that he has no legitimate interest in contesting the election, Slavov challenged that decision before a five-judge panel.