site.bta Supreme Judicial Council: Suspending Election of Prosecutor General, SAC President as Demanded Would Violate Constitution

The Supreme Judicial Council (SJC) Thursday adopted a draft declaration related to the election of Prosecutor General and Supreme Administrative Court (SAC) President. According to the SJC position presented by Council’s representative Boyan Magdalinchev, the demands to suspend the election procedure are a call for the SJC to violate the Constitution. 

Earlier on Thursday, lawyers from all over Bulgaria called for the termination of the procedure for the election of SAC President and Prosecutor General. In a position received by BTA, 25 bar associations express disagreement with the election of the heads of institutions crucial for the judiciary by "an illegitimate body, as well as with the ongoing constitutional, political and institutional crisis destroying the foundations of the rule of law".

The SJC's draft declaration reads that the Council is treated as a necessary sinner in the judicial reform's failure, which cannot be blamed on the SJC. The document also calls for institutions not to overstep the boundaries of their powers, noting that it is “a boomerang” to all of them.

The declaration was adopted with 14 votes in favor and three against after a discussion on who authored the document, who signed it and why it was tabled at the last minute and not everyone was familiar with it.

During the discussion, SJC member Atanaska Disheva said that she had never heard about this declaration and pointed out that it has no place on the agenda. “It sounds like a political declaration to me”, Disheva added.

According to member Daniela Marcheva, the declaration is not political and the SJC should defend its position.

SJC member Olga Kerelska said she would not support the declaration because she believes that the SJC cannot hold the elections for Prosecutor General and SAC President.