site.btaNomination of Borislav Sarafov for Prosecutor General Draws Clashing Reactions

The nomination of Borislav Sarafov, the acting Prosecutor General, for a full tenure as this country’s top prosecutor, drew clashing reactions among the political forces. 

The first to react were Continue the Change - Democratic Bulgaria (CC-DB). They lambasted Sarafov’s nomination, arguing that the term in office of the Supreme Judicial Council (SJC), which made the nomination, has long expired and it lacks "democratic legitimacy and public trust". They said they would seek support to take the matter to the Constitutional Court for an interpretation of the constitutional provision applicable to the case.

"We will urge the new 51st National Assembly to adopt the bill amending and supplementing the Judiciary Act proposed by us in the 50th National Assembly, according to which a SJC with an expired term of office cannot elect the Prosecutor General, the President of the Supreme Administrative Court and the President of the Supreme Court of Cassation," said CC-DB.

Sarafov's nomination also drew the ire of the Anti-Corruption Fund (ACF). It was an ACF investigation widely known as the "Eight Dwarfs" that exposed a network for trade in influence in the judiciary and where Sarafov's name appeared. 

The ACF pointed out that Sarafov is still under investigation by the Special Prosecutor over evidence of his links to the Eight Dwarfs Case. "His nomination while this probe is pending is undignified and shameful,” ACF said adding that if he gets elected “the resumption of the normal functioning of the prosecution service is delayed for at least another five years".

MPs expelled from the Movement for Rights and Freedoms (MRF) parliamentary group, who are part of the MRF faction headed by Ahmed Dogan, said they would back CC-DB application to the Constitutional Court. They, too, argue that under the Constitution, the current 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.

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.

GERB MP Rosen Zhelyazkov, who is a former Parliament leader, took the opposite stance. He argued that this SJC remains fully functional and capable of making decisions despite its parliamentary quota members having expired terms. 

Zhelyazkov pointed out that the SJC is just one of several regulatory and oversight bodies that have been functioning for years with incomplete and outdated memberships, even though their terms have expired. 

In these instances, the Constitutional Court issued a specific interpretative decision in 2022, emphasizing that maintaining the body's operations takes precedence because situations could arise where term limits might be used as a justification for ending or disrupting their responsibilities and obligations, Zhelyazkov said.