site.btaSJC Canvasses Possible Candidates for Interim Supreme Administrative Court Chief

The Judges' Chamber of the Supreme Judicial Council (SJC) decided to send an inquiry to the judges of the Supreme Administrative Court (SAC), in order of seniority, asking whether they will temporarily head the court to replace Acting President Georgi Cholakov.

A proposal by Atanaska Disheva to set a deadline by the end of the day for a response from the current deputy presidents of the court was rejected, and instead, the majority approved a period of three working days to receive consent statements.

The debate on this agenda item lasted over three hours.

The Chamber voted, 6-3, to propose to the Plenum of the SJC to approach the National Assembly fort an authentic interpretation of Article 173, paragraph 15 of the Judicial System Act, which limits to six months the period during which one person may serve as acting Prosecutor General or President of the Supreme Court of Cassationor the Supreme Administrative Court.

Regarding the same provision, members of SJC’s Prosecutors' Chamber ruled that it is not applicable to Acting Chief Prosecutor Borislav Sarafov, since he was appointed before the adoption of that legal provision, and they confirmed his appointment.

According to Supreme Court of Cassation President Galina Zaharieva, a new acting president of the Supreme Administrative Court should be appointed in accordance with Article 173, paragraph 15 of the Judicial System Act.

"I do not believe this is a pre-existing appointment, as the Prosecutors’ Chamber has ruled,” Zaharieva said, referring to the decision regarding Acting Prosecutor General Borislav Sarafov.

Dragomir Koyadzhikov argued that the legislature did not apply the provision retroactively to the 2024 decision of the Judges' Chamber, which had appointed Georgi Cholakov as acting president of the SAC until a regular president is elected.