site.btaOpposition MP Comments on Problems in Judicial System

Talking to the press in Parliament's lobby on Wednesday, Ivaylo Mirchev, the Co-chair of Yes, Bulgaria within the CC-DB, was asked for comment on the Sofia Court of Appeal’s Tuesday decision to keep Varna Mayor Blagomir Kotsev in custody. "It's alarming that the Mayor of Varna is behind bars while [MRF – New Beginning leader Delyan] Peevski remains at large," Mirchev said.

Approached about a leaked recording in which Supreme Administrative Court acting President Georgi Cholakov allegedly discusses ways to bypass recent amendments to the Judicial System Act (JSA) in order to retain his position, Mirchev said: "The recording shows the strong influence Cholakov exerts within the judicial system."

On Tuesday, the investigative journalism platform BIRD.bg published an audio recording including this statement that Cholakov allegedly made in a conversation with a third party, analyzing the amendments to JSA, specifically Article 173 (15), which now limits to six months the term of acting heads of the SAC, the Supreme Court of Cassation, and the Prosecutor General.

Cholakov is shown as arguing that the legal amendments should not apply retroactively to magistrates who are already acting position holders at the time of their adoption. He argues that the law makers failed to clarify the legal status of heads currently in such roles, including himself and acting Prosecutor General Borislav Sarafov, and asserts that the new six-month term should only apply to future appointments.

On November 21, 2024, the Supreme Judicial Council (SJC) Plenum agreed to reopen the procedure for electing a SAC president after the first procedure failed due to lack of candidates. After his seven-year term expired on November 22, 2024, Cholakov was appointed acting SAC President until the election of a new president. As he could no longer hold this position after July 21, 2025, Cholakov took a two months' leave, and the SAC is now managed by his two deputies.