site.btaEvery Judge's Duty Is to Oppose Attempts to Use Prosecution for Unlawful Purposes, Bulgarian Judges Association Says

It is the professional duty of every judge to firmly and unequivocally oppose attempts to use the Prosecutor’s Office for unlawful purposes, to undermine the authority and independence of the judiciary, to instil fear, and to interfere extrajudicially in the administration of justice, the Bulgarian Judges Association said in a position sent to the media on Sunday.

The judges emphasize that undermining judicial independence is part of a longstanding erosion of the rule of law in Bulgaria, and that discrediting the courts by the Prosecutor’s Office is particularly dangerous, as the prosecution is the body tasked with upholding legality and participates as a party in criminal proceedings.

According to the Association, the only possible course of action for acting Prosecutor General Borislav Sarafov is to immediately resign. Otherwise, the competent state authorities must exercise their constitutional powers to initiate his removal and protect the constitutional legal order.

The judges warn against the “trivializing of the abuse of the prosecution service”, which is being used as a shield for private power ambitions incompatible with the rule of law and public interest. Passive observation of such conduct, they argue, would have a “destructive effect on the institution” and would demoralize individual prosecutors.

They add that in a state governed by the rule of law, disagreement with court rulings must be expressed only through legal means - by appealing decisions, proposing legislative changes, or participating in legal debate. The language used in the statement published on the official website of the prosecution service does not constitute legal arguments, instead it resembles “the rhetoric of political manipulation”.

The judges describe as especially troubling the publicly declared refusal by the acting Prosecutor General to comply with a court ruling, calling it “the most outrageous form of disrespect for the rule of law.”

The Association believes, the prosecution service’s latest statement represents a “clumsy attempt at self-defence by Sarafov,” who, following the example of his predecessor Ivan Geshev, is employing “inadmissible tactics that damage the institution’s credibility”.

The Supreme Court of Cassation (SCC) on October 2, issued a ruling challenging the legitimacy of Borislav Sarafov as acting Prosecutor General and denying the initiation of proceedings based on two requests he submitted for the reopening criminal cases.

The prosecution service’s response from October 3, accused the SCC leadership of pursuing political goals that exceed the court’s constitutionally defined powers, and deliberately deepening instability in the judiciary, allegedly under the influence of specific political circles and individual representatives within the judicial system.

On October 4, the President of Bulgaria’s Supreme Court condemned the prosecution’s statement, saying it undermines judicial authority.