site.btaConstitutional Court Asks Varna Appeal Judges to Clarify Application Concerning Acting Prosecutor General's Term

The Constitutional Court said it has not yet opened a case related to an application by the Varna Appellate Court concerning the term in office of the acting prosecutor general. The Constitutional Court’s chair, Pavlina Panova, has sent the Varna court instructions to fix problems in its application within 14 days and failure to do so will lead to dismissing the case.

A possible judgment by the Constitutional Court will potentially end a stale-mate over whether Borislav Sarafov is the legitimate acting prosecutor general - or not, because he has overstayed a prescribed six-month term in office. 

The Varna judges had asked the Constitutional Court to rule on whether a provision in the Judicial System Act is unconstitutional and whether it should apply only going forward or also to people who were already appointed as acting Prosecutor General before the law came into force.

The Constitutional Court, however, found that the request was incomplete and unclear. According to the Court, when judges ask for a constitutional review, they must clearly explain why a specific law contradicts the Constitution and point to the exact constitutional provisions involved. In this case, the Varna court did not provide sufficient reasoning or clearly define what constitutional rules were violated.

The Constitutional Court also noted that courts like the Varna Court of Appeal may not ask for interpretations of ordinary laws or ask general questions. They may only request a constitutional review if they clearly argue a conflict between a law and the Constitution. Interpretations of the Constitution itself can only be requested by a limited group of institutions, not by individual courts.

The Sarafov controversy

Borislav Sarafov was appointed acting Prosecutor General in June 2023 by the Prosecutors Chamber after his predecessor, Ivan Geshev, came down.

In January 2025, Parliament amended the Judicial System Act to introduce a new rule (Article 173(15)), stating that an acting Prosecutor General (and acting heads of the highest courts) can serve no more than six months.

According to legal experts and a ruling by the Supreme Court of Cassation (SCC), that six-month limit meant Sarafov’s mandate automatically ended on July 21, 2025, because the new rule applied to his ongoing interim appointment. As a result, the SCC ruled that he no longer has authority to perform key functions - such as requesting the reopening of criminal cases - after that date.

The Prosecutors’ Chamber, however, disagreed, arguing the law does not apply retroactively to Sarafov’s original appointment from 2023. They reaffirmed his appointment and said the amendment doesn’t affect his position. 

This legislative controversy has divided Bulgaria’s legal community and political actors.