Bulgaria: Interim Prosecutor General Appointment on Agenda as Justice Minister Seeks SJC Action

Acting Minister of Justice Andrey Yankulov has called a plenary session of the Supreme Judicial Council (SJC) for February 26, with the sole agenda item being the appointment of a new interim Prosecutor General. Yankulov cited the ongoing legal and institutional crisis caused by Borislav Sarafov, who has occupied the position for nearly three years despite the expiration of the legally defined six-month term established by recent amendments to the Judiciary Act. The minister emphasized that the prolonged de facto mandate undermines the rule of law and public trust in the Prosecutor’s Office, which cannot function effectively without a legitimate head.

Yankulov outlined that multiple courts, including the Supreme Court of Cassation, had determined that Sarafov’s authority ceased after July 21, 2025. However, the Prosecutorial College of the SJC has continued to recognize him as acting Prosecutor General, creating a situation where his legal acts are being challenged and rejected by lower courts. According to the minister, this legal ambiguity has left the Prosecutor’s Office without the guarantees required for uniform application of the law and has eroded confidence in Bulgaria’s judicial system.

In his letter to the SJC, Yankulov criticized Sarafov for failing to address key priorities since taking office in June 2023, including the investigation of the so-called "Eight Dwarfs" parallel justice network. The minister also referenced Sarafov’s recent public statements on high-profile cases, such as the Petrokhan investigation, which, he argued, unnecessarily inflamed public tension and opposition. Yankulov stressed that the absence of decisive leadership has prevented necessary reforms and accountability, and that the matter now falls within the Plenum’s competence to resolve.

The caretaker Prime Minister Andrey Gyurov has underscored the importance of Yankulov’s role in the judicial system, citing his prior work investigating the "Eight Dwarfs" network as both moral and legal justification for pursuing Sarafov’s dismissal. Once the SJC accepts its competence, Yankulov noted that a candidate for temporary acting Prosecutor General can be proposed, clarifying that the delay in resolving the issue is not due to a lack of qualified personnel but solely to disputes over Sarafov’s legitimacy.

Yankulov’s intervention aims to restore legal certainty and institutional stability, ensuring that the Prosecutor’s Office functions with proper authority and public confidence. He reaffirmed that the SJC’s Plenum must act promptly to appoint a temporary head, as Sarafov’s continued tenure without a mandate directly contradicts constitutional guarantees and the established limits on temporary appointments. The session on February 26 is expected to address these long-standing issues and bring clarity to one of Bulgaria’s most critical judicial positions.