The Union of Judges in Bulgaria on Interference in the Judiciary

The professional duty of every judge demands categorical resistance to attempts to abuse the prosecutor's office, used for illegal purposes. This is clearly emphasized in a position distributed to the media by the Union of Judges in Bulgaria. The organization expresses deep concern regarding actions that undermine the authority and independence of the judiciary, trying to instill fear and provoke extrajudicial interference in the justice process.

The judges emphasize the fact that undermining the independence of the court represents a long-standing trend that erodes the foundations of the rule of law in Bulgaria. They underline that the discrediting of the judicial system by the prosecution is particularly alarming, as the prosecution is the body responsible for protecting legality and participates as a party in criminal cases.

According to the judges' organization, the only acceptable course of action for the acting Prosecutor General is immediate resignation. Otherwise, the responsibility falls on the competent state authorities, which must exercise their powers provided by the Constitution to remove the acting Prosecutor General from office and protect the constitutionally established legal order.

The position notes the need to counteract the "trivialization of the abuse of the prosecutor's office". The judges believe that this practice, using the prosecution as a means of achieving private power ambitions, is incompatible with the principles of the rule of law and the public interest. According to them, the passive observation of these trends would have a "destructive effect on the prosecutor's office" and would lead to the demoralization of the prosecutors.

The Judges' Union categorically states that disagreement with judicial acts can only be expressed through legal means – appeal, legislative initiatives, or participation in legal debates. The expressions used in the position published on the prosecutor's website do not represent legal arguments, but resemble the "rhetoric of political manipulation". "The publicly announced declaration of the de facto acting Prosecutor General that the prosecution will not comply with a court decision is the crudest form of disrespect for the rule of law", it is stated in the position.

According to the judges' organization, the last position of the prosecution is a "clumsy form of self-defense" of Mr. Sarafov. The Union of Judges is categorical that Mr. Sarafov, following the example of his predecessor, uses inadmissible means that undermine the authority of the institution.

BTA recalls that the prosecution issued a position on October 3, which followed a decision of the Supreme Court of Cassation (SCC) on October 2. The SCC's decision concerns the acting Prosecutor General Borislav Sarafov. According to the SCC's decision, Sarafov is not entitled to perform the functions of Prosecutor General, and two orders refuse to initiate proceedings on requests for the resumption of criminal cases filed by him. The prosecution responded that the actions of the SCC leadership, in their view, are in violation of the constitutionally defined competence of the court, and pursue only political goals. These actions, according to the prosecution, deepen the situation of instability in the judiciary, which is dictated by certain political circles and their representatives in the judicial system.