site.btaProsecution Service: Supreme Court of Cassation Pursues Political Agenda, Deepens Existing Instability in Judiciary

With its actions, the leadership of the Supreme Court of Cassation (SCC), in violation of the court’s constitutional powers, is pursuing a political agenda and is aggravating the existing instability in the judiciary. This instability, in turn, is driven by certain political circles and their individual representatives within the judicial system, said the prosecution service in a statement released on Friday in response to a SCC ruling in relation to the legitimacy of Acting Prosecutor General Borislav Sarafov.

The prosecution service views the statement published on the SCC’s website on October 2, regarding one of the Prosecutor General’s powers, as yet another action driven by ongoing efforts to destabilize the judicial system.

What is particularly troubling is that while such actions in recent years, and especially in recent months, have typically been carried out by certain political figures and associated street pressure groups and media outlets, it must now be acknowledged that the SCC leadership itself is involving the institution in an attempt to achieve illegitimate goals, contrary to its constitutional duty to uphold the rule of law and strengthen legal order.

This demonstration, the statement continues, comes amid worrying and unacceptable attacks in recent months against individual judges and entire judicial panels involved in high-profile cases. The SCC leadership remained deaf and blind to these unacceptable public assaults on the judiciary. On the contrary, instead of defending their fellow judges, they ignored the situation entirely and, through their current actions, are openly contributing to the erosion of public trust in one of the foundation pillars of the state, the judicial system, in unison with specific political forces.

The prosecution service further points out that the selective quoting of specific excerpts from a statement issued two weeks ago by the SCC’s Criminal Division, and the focus on just two judicial rulings related to requests from the acting Prosecutor General for the reopening of criminal cases, represents an inadmissible attempt to manipulate public opinion. The statement notes that contrary opinions from appellate court judges, who have accepted and are currently reviewing the requests even after the date referenced in the SCC’s note, were omitted. In total, 19 such requests for reopening were submitted to appellate courts, none of which have been rejected for consideration.

The prosecution office also states that the acting Prosecutor General, in accordance with his legal powers, has continued, even after July 21, 2025, to send opinions on draft laws to the National Assembly and the Council of Ministers, as well as submissions to the Constitutional Court, where he is a party in constitutional cases. None of these state bodies have expressed a position similar to that of the two SCC judges.

It must be explicitly noted, the statement adds, that the opinion of the SCC’s Criminal Division does not have legal consequences for the decision of the Prosecutors Chamber of the Supreme Judicial Council. The only body with powers to review and potentially overturn this decision is the Supreme Administrative Court.

Regrettably, the only real victims of these actions are the parties involved in the two criminal cases for which reopening was requested but not permitted. This results in harm to citizens’ rights to a swift and fair investigation in criminal proceedings where they or their relatives are victims.

The prosecution service assures the Bulgarian public that, despite opposition from the SCC leadership, it will continue to defend the public interest and remain a respected and dignified partner on the international stage.

“We explicitly reaffirm our respect for the Bulgarian judiciary and all honorable Bulgarian judges, who, like the prosecution service, are also subject to intense and unhealthy political pressure,” the statement concludes.