site.btaGERB Asks Constitutional Court Whether Expired Supreme Judicial Council Can Elect Prosecutor General

GERB MPs submitted a request for interpretation to the Constitutional Court on whether the Supreme Judicial Council (SJC), whose mandate has expired, can proceed with the election of a prosecutor general and of president of the Supreme Administrative Court.

GERB-UDF MP Rosen Zhelyazkov told reporters here on Thursday that his coalition asked the Court whether the (SJC) is permitted to fully exercise its constitutional powers after its mandate has expired; whether Parliament is permitted to limit these powers considering the expired mandate; whether paragraph 23 of the Constitution, of the Transitional and Final Provisions, applies, considering that while the paragraph itself was not declared unconstitutional, it does refer to amendments of the Constitution that have been declared unconstitutional.

Paragraph 23 states that until the election of the respective councils that were declared unconstitutional as regulations in the Constitution, the SJC shall continue to exercise its powers without the ability to elect the "three big ones", Zhelyazkov said, referring to the positions of the prosecutor general, the presidents of the Supreme Court of Cassation and the Supreme Administrative Court.

GERB leader Boyko Borissov said on Wednesday that he would sign Continue the Change - Democratic Bulgaria's declaration about creating a cordon sanitaire (sanitary cordon) around Delyan Peevski and his MRF - New Beginning coalition once the Constitutional Court issues its ruling.