site.btaSJC Plenum to Decide on Appointment of Acting Prosecutor General

The Plenum of the Supreme Judicial Council (SJC) will meet on Thursday to decide on the appointment of an acting Prosecutor General, according to the Plenum’s agenda published on the Council’s website.

This is the sole item on Thursday’s agenda, and the meeting has been convened by caretaker Justice Minister Andrey Yankulov.

The current acting Prosecutor General is Borislav Sarafov.

On October 16, 2025, the Plenum of the Supreme Judicial Council decided not to request an authentic interpretation from the National Assembly of Article 173(15) of the Judicial System Act. The decision was taken unanimously after a brief debate.

Earlier, on October 7, the SJC’s Judges Chamber voted, by six votes in favour and three against, to propose that the Plenum of the SJC request an authentic interpretation of Article 173(15) of the Judicial System Act from Parliament.

With regard to the provision of the Judicial System Act, members of the SJC’s Prosecutors Chamber held that it was inapplicable to acting Prosecutor General Borislav Sarafov and confirmed his appointment to the post.

At the beginning of October, two panels of the Supreme Court of Cassation refused to open proceedings on motions filed by acting Prosecutor General Borislav Sarafov seeking the reopening of criminal cases. According to the Supreme Court of Cassation, Sarafov cannot serve as acting Prosecutor General.

Article 173(15) applies to the Prosecutor General and the Chairs of the Supreme Court of Cassation and the Supreme Administrative Court, and reads as follows: “Upon early termination or expiry of the term of office of the Prosecutor General, the Chairperson of the Supreme Court of Cassation or the Chairperson of the Supreme Administrative Court, a person shall be appointed to perform the respective functions temporarily, in compliance with the following condition: one and the same person shall not have the right to perform the respective functions for a period exceeding 6 months, regardless of whether there have been interruptions or not.”