The Constitutional Court has admitted for consideration a case based on a request from a judicial panel of the Varna Appeal Court for the establishment of the unconstitutionality of Art. 173, para. 15 of the Law on the Judiciary (LJC).
12 constitutional judges participated in the meeting. The ruling was adopted with 9 votes “for” and a dissenting opinion.
The request of the Varna Appeal Court is related to the interpretation of Art. 173, para. 15 of the LJC, concerning the premature termination of the mandate of the Chief Prosecutor and the term for the performance of functions by the same person. The court must decide whether the provision affects already appointed individuals such as Borislav Sarafov.
On October 16, 2025, the Supreme Judicial Council (SJC) decided not to request an authentic interpretation from the National Assembly of Art. 173, para. 15 of the LJC.
The Judicial Chamber proposed a request for an authentic interpretation of Art. 173, para. 15 of the LJC, but the Prosecutor's Chamber accepted that the provision does not apply to Borislav Sarafov.
The Supreme Court of Cassation (SCC) refused to initiate proceedings on requests from Sarafov for the reopening of cases, accepting that he has no powers.
Art. 173, para. 15 of the LJC limits the term of performance of functions by the same person to 6 months.