site.btaInvestigators’ Chamber Challenges Supreme Court of Cassation's Rulings on Acting Prosecutor General Appointment

In response to the Supreme Court of Cassation's (SCC) decision that Borislav Sarafov cannot serve as acting Prosecutor General announced on Thursday, the Chamber of Investigators in Bulgaria said on Friday that the SCC's decision runs "counter to the spirit of justice".

On Thursday, the SCC issued two rulings refusing to initiate proceedings on requests filed by the acting Prosecutor General Borislav Sarafov for the resumption of criminal proceedings as a recent amendment to the Judicial System Act stipulates that a temporary replacement to the prosecutor general, the SCC president or the president of the Supreme Administrative Court (SAC) may not be appointed for a period longer than six months, regardless of any interruption. The court notes that the six-month period from the entry into force of the provision expired on July 21, 2025. Later, the prosecution service said that this decision has no consequences for acting Prosecutor General Sarafov, as there is a deliberate decision by the Prosecutors Chamber of the Supreme Judicial Council (SJC), which can be overturned by the SAC, not by the SCC.

The Chamber’s statement stresses that 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.

“Justice is not merely the application of legal texts but requires careful interpretation to safeguard values such as equality before the law and the protection of citizens’ rights,” the Chamber said.

The Chamber warned that such rulings could harm citizens by limiting the possibility for retrials, thereby infringing victims’ rights and creating risks of unequal access to justice. It further argued that if the acting Prosecutor General, appointed by the SJC’s Prosecutors Chamber, is stripped of powers, a legal vacuum will arise in assigning investigations to the National Investigation Service, including high-profile cases of public interest.

The statement concluded that until the Constitutional Court rules on the matter, the decisions of the SJC’s Prosecutors Chamber should be respected.