"We Continue the Change – Democratic Bulgaria" Challenges Supreme Judicial Council's Authority to Elect Key Judicial Officials
The Bulgarian political coalition "We Continue the Change – Democratic Bulgaria" has filed a request with the Constitutional Court, seeking clarification on the legality of the Supreme Judicial Council's (SJC) ability to elect a new prosecutor general and president of the Supreme Administrative Court.
The coalition argues that the SJC's current mandate has expired, rendering it "completely de-legitimized before society" and incapable of making such crucial decisions for the judicial system. They point to the absence of five members in the professional quota elected by magistrates, further undermining the SJC's legitimacy.
MP and former Minister of Justice Atanas Slavov emphasizes the importance of trust in this process, stating that the current SJC cannot inspire such confidence. The coalition plans to propose legislative changes to halt the ongoing procedures for electing these key judicial figures.
MP Vasil Pandov cites the practices of the European Court of Human Rights, which discourage bodies with expired mandates from electing leadership positions within the judicial system. He urges the Constitutional Court to consider these precedents in its deliberations.
The election of a new prosecutor general is currently scheduled for January 16th, 2024. The outcome of the Constitutional Court's interpretation will significantly impact this process and potentially lead to its postponement or modification.