Bulgaria: Sarafov to Remain Acting Prosecutor General Despite Legal Time Limit

Borislav Sarafov will continue to serve as acting Prosecutor General beyond July 21, despite the expiration of the six-month legal term for temporary appointments to the top posts in the judiciary. This became clear during a session of the Prosecutorial College of the Supreme Judicial Council (SJC) held on Wednesday.

The decision was based on the College’s interpretation of recent amendments to the Judiciary Act. Specifically, the SJC ruled that the six-month limitation, introduced with the legal changes that took effect on January 21, 2025, does not apply retroactively to already existing appointments such as Sarafov’s. He has held the interim post since June 2023. The same logic is applied to Georgi Cholakov, who has continued to lead the Supreme Administrative Court after the end of his term in November 2024.

According to the amended Judiciary Act, a person may temporarily perform the duties of the Prosecutor General, or the heads of the Supreme Court of Cassation or the Supreme Administrative Court, for no more than six months, regardless of whether the term was interrupted. The provision, however, was not given retroactive effect in the transitional and final clauses of the law.

During the debate, the Prosecutorial College concluded that since Sarafov's appointment predates the legal amendments, the time limit does not apply to him. Thus, the College rejected the need to designate a new interim prosecutor general.

The six-month limitation was part of a broader package of judicial reforms adopted earlier this year. Among them was a provision that prohibits the SJC, whose mandate expired three years ago, from making appointments to the top three judicial posts. That provision led to the termination of the procedure to formally elect Sarafov as Prosecutor General, in which he had been the only candidate.

The halted procedure is now under appeal before the Supreme Administrative Court. At Sarafov's request, the same court also referred several of the Judiciary Act amendments to the Constitutional Court, challenging their constitutionality.

The developments unfold in the context of persistent calls from the European Commission for Bulgaria to reform its judicial governance system, particularly the composition and functioning of the SJC. Furthermore, a recent ruling by the Court of Justice of the European Union deemed it unacceptable for judicial appointments to be made by a council whose mandate has expired.

For now, however, the current Prosecutorial College, despite being beyond its original term, maintains that Sarafov’s status is unaffected by the new restrictions, as they do not apply to already ongoing cases. No formal discussion has yet taken place within the Judicial College regarding the status of Georgi Cholakov.