site.btaUPDATED Justice Minister Convokes Supreme Judicial Council to Consider New Acting Prosecutor General

Caretaker Deputy Prime Minister and Minister of Justice Andrey Yankulov is convening a plenary session of the Supreme Judicial Council (SJC) on February 26, the Justice Ministry press service reported on Friday. The single item on the agenda will be appointing a new acting prosecutor general.

In his reasoning, Yankulov referred to the opinion of the Criminal Division of the Supreme Court of Cassation that after July 21, 2025, Bulgaria will not have a legitimate acting prosecutor general. A situation in which the supreme judges do not recognize the prosecutor general is intolerable in a State governed by the rule of law, the Minister added. He reiterated this reasoning at a news briefing later on Friday.

The Ministry of Justice said that for more than half a year now, the prosecution service, one of the most important state bodies with key powers in law enforcement, has been operating without the necessary guarantees for the accurate and uniform application of the law by all prosecutors. This delegitimizes and undermines public confidence not only in the prosecution service but also in the justice system in Bulgaria.

Yankulov stated: "In his nearly three-year illegitimate 'de facto mandate', [acting Prosecutor General] Borislav Sarafov has not taken a single action to build public and professional trust in his managerial qualities. He has not fulfilled any of the key promises he made when he took office. For example, to cleanse the prosecution service of the parallel justice network known as the Eight Dwarfs, the dismantling of which, according to him, is 'key to the continued normal functioning of the entire prosecution service as an institution'."

The latest amendments to the Judicial System Act voted in Parliament stipulate that in the event of early termination or expiry of the term of office of the Prosecutor General, the President of the Supreme Court of Cassation or the President of the Supreme Administrative Court, a person shall be appointed to perform the relevant functions on a temporary basis, and the same person shall not be entitled to perform the relevant functions for a period longer than six months, regardless of whether there have been interruptions in the performance of the functions.

There is a lingering controversy over the legitimacy of the continued tenure of Sarafov as acting Prosecutor General. A number of Bulgarian courts argue that under the Judicial System Act amendments in question, his capacity as acting prosecutor general lapsed on July 21, 2025, i.e. six months after the entry into force of these provisions. For its part, the Prosecutors Chamber of the SJC argues that this time limit does not apply to Sarafov, because his election on June 16, 2023, predated the revision in question, which does not make specific provisions for this situation. In particular, the Varna Court of Appeal has been approached by Sarafov with a motion to reopen a criminal case, and the Court wants to know whether he was still vested with the power to do so. In early October 2025, two Supreme Court of Cassation panels refused to institute proceedings on motions entered by Sarafov for reopening of criminal cases, arguing that he does not legitimately perform the functions of prosecutor general.

Speaking at the news briefing, Yankulov said, "Have no found that everything that is within the powers of the Justice Ministry to overcome this situation, will be done. [...] The SJC is convoked at the first opportunity, only a day after we [hte caretaker cabinet] took the oath of office. It has never been done before. We only know the position of the Prosecutors Chamber but not the entire SJC". 

He said he has ideas for nominees for acting chief prosecutor "but that depends on what the SJC decides", and added that the SJC can make its own nominations and convening a meeting is a chance for them to do that.

According to him, the Prosecutor General is a critically important figure in Bulgaria’s criminal justice system, vested with significant authority, as he must ensure the uniform and accurate application of the law by all prosecutors.

Asked by BTA what he would do if the SJC Plenum embraces the opinion of the Prosecutors Chamber that the six-month limit law does not apply to Sarafov, Yankulov said he would pursue other available options, including referring the matter to the body that the SJC deems competent.

He emphasized that a situation in which the country’s highest judges do not recognize the Prosecutor General is unacceptable for a rule-of-law state, and steps must be taken. "This is necessary because the rule of law in Bulgaria is in serious crisis: the courts, including the majority of panels in the appellate courts, do not recognize Sarafov as Prosecutor General," Yankulov said.