site.btaAt Supreme Administrative Court, Two Deputy Presidents Take Helm as Acting President Takes Leave

The two deputy presidents of the Supreme Administrative Court (SAC) will take over its leadership, as acting president Georgi Cholakov is going on leave for two months – until the end of September, the court told BTA. This decision came after the Judges Chamber of the Supreme Judicial Council (SJC) voted to have the SAC Plenum  propose who should perform the duties of court president.

The reason behind the College’s decision lied in amendments to the Judicial System Act, which have been in effect since the end of January. According to these amendments, in the event of early termination or expiration of the term of the Prosecutor General, or the presidents of the Supreme Court of Cassation (SCC) or the SAC, an acting head must be appointed. However, they may not remain in the position for more than six months.

Since some of the SAC judges are already on leave, the Plenum cannot be convened. Therefore, it was decided that Cholakov's deputies — Marinika Cherneva and Lyubomir Gaydov — will assume the leadership of the court until the end of September.

Cholakov's term, which by law lasts seven years, expired on November 12 of last year.

Amendments to the Judicial System Act adopted in January limit the period during which someone can serve as acting SAC President or Prosecutor General to six months. A new Supreme Judicial Council (SJC) was supposed to be elected by July 21. That council, in turn, was expected to elect a new Prosecutor General and a new SAC President. None of this has happened and Georgi Cholakov takes a leave of absence.

However, just a few days ago, the SJC's Prosecutors Chamber decided that the six-month limit does not apply to Sarafov, arguing that it has no retroactive effect and he may stay in office as acting Prosecutor General - a position he has held since June 2023. That has caused an outcry and a protest against leaving Sarafov indefinitely in his office is now scheduled for July 22, organized by the Justice for All initiative.