site.btaMRF-MPs-Turn-Independents Back Call for Constitutional Court Review of Prosecutor General Nomination

Members expelled from the Movement for Rights and Freedoms' (MRF) parliamentary group, who are part of the Ahmed Dogan-backed MRF faction, said Thursday that they back the request of their colleagues from the Continue the Change-Democratic Bulgaria's (CC-DB) parliamentary group to seek an interpretation from the Constitutional Court after the nomination of acting Prosecutor General Borislav Sarafov for a full tenure in this office.

Dogan's MRF faction believes that, under the Constitution, the current Supreme Judicial Council (SJC) cannot propose appointments or dismissals to the President of the Republic of Bulgaria for the positions of Chair of the Supreme Court of Cassation, Chair of the Supreme Administrative Court, and Prosecutor General.

"We think the Constitutional Court needs to provide its interpretation of the powers of the current Supreme Judicial Council in the context of Section 23, paragraph 2 of the Transitional and Final Provisions (TFP) of the Constitution, as they refer to the already repealed provision of article 130b, paragraph 2, item 2 and paragraph 3, item 2," they said.

Article 23, Paragraph 2 of TFP of the Constitution says: Until the Supreme Judicial Council and the Supreme Prosecutorial Council are elected, the Judicial College and the Prosecutors College of the existing Supreme Judicial Council will carry out the roles of the Supreme Judicial Council and the Supreme Prosecutors Council, respectively, as outlined in the Constitution. This excludes the powers set forth in Article 130b, paragraph 2, item 2, and paragraph 3, item 2.

Dogan's MRF said that the procedures for election of a prosecutor general and a new president of the Supreme Administrative Court "were initiated following something of a directive from Mr. Peevski."

Mr. Peevski is the leader of the rival MRF faction.

Dogan's MRF also said that this SJC "lacks public support" and "there should be no doubt about the legitimacy of the election of two of the Big Three in the judiciary."

The Big Three are the Prosecutor General, the President of the Supreme Court of Cassation, and the President of the Supreme Administrative Court.