site.btaUPDATED Reactions to Supreme Court of Cassation's Challenge to Legitimacy of Acting Prosecutor General

After the Supreme Court of Cassation (SCC) refused to initiate proceedings on requests filed by the acting Prosecutor General for the resumption of criminal proceedings on Thursday, pointing out that the requests were signed by acting Prosecutor General Borislav Sarafov, several notable figures and institutions reacted.

The SCC argued that on July 21, 2025, six months had passed since the Judicial System Act (Article 173, paragraph 15) was amended to stipulate that a temporary replacement to the Prosecutor General may not be appointed for a period longer than six months, regardless of any interruption.

On Friday, the Association of Prosecutors said in a press release that indirect procedural acts or refusals to open proceedings cannot derogate from the decisions of the Supreme Judicial Council. The association expressed respect for the role of the SCC in harmonizing case-law but said that court reasoning cannot replace explicit legislative intent nor extend the scope of statutory provisions beyond their text.

The Association of Prosecutors concluded that determining the temporary leadership of the prosecution service is a power of the Prosecutors Chamber of the Supreme Judicial Council, and the acts of that body are valid until they are quashed under the procedure laid down by law, namely through judicial review before the Supreme Administrative Court.

The prosecution service released a statement saying that the leadership of the SCC, in violation of the court’s constitutional powers, is pursuing a political agenda and is aggravating the existing instability in the judiciary.

The Chamber of Investigators in Bulgaria argued that the SCC's decision runs counter to the spirit of justice, as the SJC is a constitutionally established body representing the judiciary and the only authority competent to appoint senior magistrates, including the Prosecutor General. According to the Chamber, the SCC rulings refusing to reopen criminal cases contradict the decisions of the Prosecutors Chamber of the SJC, which is the sole legitimate body to designate who performs the prosecutor general’s duties until a new officeholder takes over.

Asked by reporters in Parliament about the legality of Sarafov’s appointment, GERB leader Boyko Borissov said: "I cannot comment on judges and prosecutors. They are independent". He added that in his opinion, Sarafov is the legitimate acting Prosecutor General.

Continue the Change - Democratic Bulgaria (CC-DB), the largest opposition group in Parliament, told reporters that a new SJC elected under new rules would be a lasting solution to the judiciary crisis. DB Co-Chair Atanas Atanassov reported that CC-DB has drafted a bill and is also suggesting steps towards ending the crisis.

Minister of Justice Georgi Georgiev told reporters that it is in the interest of the State to have an indisputable institutional framework. He proceeded to criticize the MPs who sabotaged Parliament's sitting, when Parliament had on its agenda opening the procedure for electing members of the SJC.