Changes to the Judicial System Act: Position of MPs

Yesterday, a position was submitted to the members of the Supreme Judicial Council (SJC), in which the position of the Members of Parliament regarding the amendments to the Judicial Power Act was expressed. According to Art. 173, para. 15 of the law, a categorical will is expressed to limit the cases of temporary acting positions. This position was announced by Nadezhda Yordanova, co-chair of the parliamentary group of “We Continue the Change - Democratic Bulgaria“ (WCC-DB), to representatives of the media before a meeting of the SJC Plenary.

"Firstly, there cannot be eternal temporary acting positions in a law-abiding state," Yordanova stated. She emphasized that it was precisely for this reason that the six-month term was introduced, which begins to run from the entry into force of the law. According to her, the provisions are extremely clear and apply to both past and future cases, including in the event of early termination of a mandate. "We insist that the members apply the law exactly," Yordanova emphasized. She added that during the debates on the bill, the issue of interpretation of this norm was not raised.

The situation in the judicial system at the moment is the subject of increased public attention. Ivaylo Mirchev, co-chair of “Yes, Bulgaria“, noted that what is happening leads to delays in justice and its potential lack. He expressed concerns that the investigations assigned by order of the Prosecutor General are at risk of being challenged. Mirchev stressed the need for the SJC to proceed with the election of a new Prosecutor General and new members of the council. He insists on changes to the Judicial Power Act to ensure transparency of the elections and depoliticization of the parliamentary quota.

BTA recalls that regarding the same text, the members of the Prosecutors' College have accepted that the provision is inapplicable to the temporary acting Prosecutor General. This decision confirmed his election to this position.

The case provokes a wide public debate, also provoking reactions in judicial circles. At the beginning of October, two panels of the Supreme Court of Cassation refused to initiate proceedings on requests filed by the temporary acting Prosecutor General. The court expressed the view that he is not entitled to perform this function.

Art. 173, para. 15 of the Judicial Power Act concerns the Prosecutor General and the presidents of the Supreme Court of Cassation and the Supreme Administrative Court. The text states that in case of early termination or expiration of the mandate of these persons, a temporary acting person is appointed to the relevant functions. It is important to note that the same person is not entitled to perform these functions for a period longer than 6 months, regardless of the presence of interruptions.

Today a meeting of the Plenary of the Supreme Judicial Council is expected, at which the raised issue will be discussed. Also on the agenda is a possible decision whether to send a request to the National Assembly for an authentic interpretation of the provision. The letter of the Members of Parliament was reported to the members of the council at the beginning of the debate.