Bulgaria’s SJC Rejects Move to Oust Acting Prosecutor General Sarafov

The Prosecutorial College of the Supreme Judicial Council has declined to remove Borislav Sarafov from his position as Acting Prosecutor General, despite calls from the Justice Ministry to act following a recent Constitutional Court ruling. The development was confirmed by Deputy Justice Minister Tanya Radulovska after the meeting, during which the issue was not formally addressed by Prosecutorial College.

Radulovska had earlier argued that the college is obliged to comply with the Constitutional Court’s decision, which, in her interpretation, makes clear that temporary heads of key judicial institutions cannot remain in office indefinitely. She insisted there are sufficient grounds to revisit the matter and appoint a new acting prosecutor general, stating that “the entire legal community” shares this understanding of the ruling. “I hope that the Prosecutor’s College will finally understand… and Borislav Sarafov will vacate his office,” she said.

According to her, if the body continues to interpret the court’s decision differently, the ministry will be forced to submit a new request. She also pointed out that although the Constitutional Court adopted its decision unanimously, it stopped short of explicitly ordering dismissals, instead concluding that the relevant legal provisions do not contradict the Constitution.

The meeting itself concluded quickly, with the agenda exhausted in around 15 minutes and no discussion on Sarafov’s position. Radulovska said that after she asked whether any action would be taken, the live broadcast of the session was cut. She later added that members of the Prosecutorial College had referred to a legal opinion by lawyer Borislav Tsekov, who is not a constitutional judge, arguing that the Constitutional Court’s decision is not binding on them.

Further complicating the situation, the Supreme Judicial Council and its two colleges are not expected to hold sessions again until after the upcoming elections, effectively delaying any immediate resolution to the dispute.