Parliament Passes Three Judicial Overhaul Bills on First Reading to Reform Prosecutor General's Election

Kaloyan Kirilov, Dessislava Antova

A regular session of Parliament in the National Assembly building, Sofia, January 8, 2025 (BTA Photo/Blagoy Kirilov)

Sofia,

08.01.2025 21:27

(BTA)

Lawmakers passed three bills on first reading on Wednesday, amending the Judicial System Act concerning the selection of a new Prosecutor General, with two bills from Continue the Change-Democratic Bulgaria (CC-DB) and There Is Such a People (TISP) receiving unanimous support, and the bill from Vazrazhdane receiving 193 votes in favour, 28 against, and 0 abstentions.

Members of the parliamentary group of the Movement for Rights and Freedoms (MRF)-New Beginning voted against the amendments proposed by Vazrazhdane.

CC-DB Co-floor Leader Nadejda Iordanova explained the proposed amendments to the Judicial System Act by CC-DB. She said the changes introduce an additional guarantee for judicial independence—double majorities in the election of the President of the Supreme Administrative Court (SAC) and the President of the Supreme Court of Cassation (SCC).

Iordanova pointed out that the changes enable the Plenum of the Supreme Judicial Council (SJC), when selecting the President of SAC, to include a majority of judges who are directly elected by their peers. Another set of amendments relates to the election of the Prosecutor General, aiming to introduce more transparency and reasoned decision-making by the Plenum of the SJC.

One measure is for the SJC to require a minimum content for the concept that candidates must present. This will allow comparability of candidates, enabling them to make their presentations on a minimal number of questions.

Iordanova explained that a legislative gap is being addressed, requiring the Plenum of the SJC to wait at least two months before reconsidering a nomination if the president declines to appoint a nominated Prosecutor General.

Iordanova said that the Constitution does not address this issue, requiring basic legislative measures to ensure a minimum period for further discussion of the returned candidacy.

Another important change Iordanova mentioned is that an acting official cannot seek re-election for the same position. The amendments proposed by CC-DB also include ending the procedures for Prosecutor General and the President of SAC.

Vazrazhdane’s Member of Parliament (MP) Tsveta Rangelova explained their proposed bill, saying it fully meets expectations for genuine judicial reform.

Rangelova noted that the first set of proposals allows parties in pending proceedings to refer cases to the Inspectorate of the Supreme Judicial Council (SJC) against actions or inactions of judicial authorities.

Another set of proposals aims for greater transparency in the activities of magistrates, including their property status and that of their cohabiting partners. Rangelova added that other proposals stem from the two procedures initiated last autumn for selecting a Prosecutor General and a President of SAC.

"We believe the legislature should intervene in this case. This is an attempt to restore balance in society and regain trust in the judicial system. The personnel body of the judicial system is highly politicized," Rangelova said, justifying Vazrazhdane’s proposal that a Plenum of the SJC with an expired mandate cannot conduct procedures or vote on nominations for Prosecutor General, President of SCC, and President of SAC.

TISP MP Aleksandar Rashev explained their proposed amendments and urged support for the bill, as it provides measures for effective judicial reform. The bill aims to align the prosecution's structure with that of the courts, limit the powers of the Prosecutor General, specify the number of deputy prosecutors general, and eliminate the practice of seconding magistrates to vacant positions.

During the discussions, MRF-New Beginning MP Hamid Hamid argued that a body with a perpetual mandate cannot have its mandate expire. The SJC itself does not have a mandate; rather, its members do, he explained. He noted that it is a significant intrusion into the judiciary's independence for an administrative body like the SJC Inspectorate to interfere in ongoing cases. Hamid was referring to the amendments proposed by Vazrazhdane.

TISP MP Aleksandar Rashev said that TISP's parliamentary group will support all three bills on first reading. "We will suggest changes to prevent any potential legal or constitutional issues."

BSP – United Left MP Maya Dimitrova said that they would back all three bills on the first reading and mentioned that society has lost trust in the judicial system.

CC-DB MP Atanas Slavov noted that in August 2024, CC-DB submitted a bill preventing the SJC with expired member mandates from conducting procedures for selecting a Prosecutor General, a President of SAC, and a President of SCC. He noted that due to recent constitutional amendments, there are existing provisions that should currently halt the ongoing procedures for selecting a Prosecutor General and a President of SAC.

"Some SJC members referred to these articles from the Constitution. Therefore, this legislative intervention is necessary," he added, stressing that SJC not only has expired member mandates, but also has vacancies.

Slavov said that the acting Prosecutor General does not automatically join SJC, nor does the acting President of SAC, and several members from the magistrate quota are absent. He mentioned that if the SJC were to elect a new Prosecutor General, it would result in a highly politicized decision. He pointed out that the professional quota within SJC is in the minority, creating an imbalance due to the dominance of the political and parliamentary quota.

Remzi Osman from the MRF-New Beginning said their parliamentary group would support all three bills. Osman noted that there is room for improvement between the first and second readings. He expressed his approval for the proposal that an acting official should not be eligible to run for Prosecutor General or President of SAC. Osman said the situation is reminiscent of past mayors who extended their terms by a year and a half through court appeals before legislative changes. He added that temporary appointments are a flawed practice, as they prevent competitions for positions in specific regions, allowing certain magistrates to hold positions without winning a competition.

Vazrazhdane Deputy Floor Leader Petar Petrov said that this particular sole candidacy for Prosecutor General is highly unsuitable. "Mr. Sarafov, you are not the right choice for Prosecutor General. You can question us, charge us, and ask for our immunities, but we have the backing of the aggrieved Bulgarian people," Petrov said.

Morality, Unity, and Honor (MECh) MP Hristo Rastashki said the parliamentary group of MECh will support all three bills. "We believe that Borislav Sarafov has been subject to external influence and has consistently exhibited his dependencies," Rastashki said.

The procedure for the election of the Prosecutor General was opened on June 22, 2024, by the Plenum of SJC on the proposal of the Prosecutors Chamber. Acting Prosecutor General Sarafov was nominated for election to the post of Prosecutor General as the only candidate on October 10, 2024, by three members of the Prosecutors Chamber.

On November 21, 2024, the Plenum of SJC agreed to reopen the procedure for electing a President of SAC, after the first procedure failed due to lack of candidates. The current President of SAC was appointed acting President after his seven-year term expired on November 22, 2024, until a new president is elected.

/VE/