site.btaProsecutors’ Association: Supreme Judicial Council Decisions Cannot Be Overridden

Indirect procedural acts or refusals to open proceedings cannot derogate from the decisions of the Supreme Judicial Council, nor substitute the mechanism provided for their challenge, the Association of Prosecutors in Bulgaria said of Friday.

Their statement is following the decision of the Supreme Court of Cassation that Borislav Sarafov cannot serve as acting Prosecutor General. A clear delineation of competences is a condition for institutional stability and predictability, the association said.

The association expressed respect for the role of the Supreme Court of Cassation in harmonizing case-law, but said court reasoning cannot replace explicit legislative intent, nor extend the scope of statutory provisions beyond their text.

The organization said unambiguous clarity is needed regarding the powers of the bodies within the judiciary.

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

Public suggestions to the contrary, in the absence of judicial annulment by due procedure, create a risk of legal chaos, hinder criminal justice and erode public trust.

The association called on the legislature to be precise and to explicitly regulate any form of retroactive effect when such is intended, and urged all institutions to act transparently, with reasons, and within their constitutionally and legally defined powers.

Only clear rules, a strict separation of competences and respect for judicial review can guarantee institutional stability, the predictability of the legal order and the protection of the public interest, the statement said.

The stability of the prosecution service is a non-negotiable national and European commitment. Bulgaria owes its citizens and partners legal certainty and predictability, the association added.