The independence of the judiciary is a fundamental principle of the rule of law and should not be questioned through political pressure, state the Association of Prosecutors in Bulgaria and the Chamber of Investigators.
Their position states that on the eve of the elections, targeted attempts to interfere in the work of the judiciary by individual political figures are again being observed. According to them, the current tension is the result of "the long-term inaction of the National Assembly, which has not fulfilled its obligation to elect a new composition of the Supreme Judicial Council". This, they say, has led to the extension of mandates by law, which is now being used to suggest illegitimacy.
The position criticizes the mixing of legal issues with political rhetoric and the transformation of personnel issues into election slogans. It is emphasized that calls for the appointment or removal of specific magistrates constitute a form of political pressure. The organizations warn that such actions can destabilize the judicial system and undermine public trust. It is also pointed out that the current SJC does not have the authority to elect a new Prosecutor General or Chairman of the SAC.
According to the position, the responsibility for the crisis lies with the legislative branch. The Association of Prosecutors and the Chamber of Investigators call for compliance with the Constitution and the principle of separation of powers.
See the entire position without editorial intervention:
The independence of the judiciary as a guarantor of the rule of law is among the most fundamental achievements of modern democratic society. That is why we cannot remain indifferent when we once again witness public and targeted attempts to directly interfere in the work of the judiciary by individual political figures on the eve of elections.
In the context of a deepening political crisis, complicated socio-economic processes and a serious erosion of trust in institutions, we consider it necessary to recall the chronology of the processes that led to the current escalation of tension around the judiciary, in order to make a correct and objective assessment of what is happening.
For years, the National Assembly has not fulfilled its constitutional obligation to elect a new composition of the Supreme Judicial Council. This objectively led to the extension of the mandates of the current members by virtue of the law - a legal consequence, envisaged precisely in order to prevent an institutional vacuum and blockage of the judicial system. Today, this state of affairs, caused by political inaction, is purposefully used as an argument for suggestions of illegitimacy of bodies and figures in the judiciary, while conveniently keeping quiet about who is responsible for its emergence.
In parallel, a tendentious mixing of legal issues with political rhetoric is observed in the public space, in which institutional problems are personalized and become a tool for accumulating short-term political dividends.
Personnel issues in the judiciary are used as election slogans, and institutional dialogue is replaced with public pressure.
Political calls for the removal or appointment of specific individuals to leadership positions in the judiciary can only be interpreted as a form of pressure. Such actions create a risk of blocking criminal proceedings, destabilizing the judicial system and undermining public trust, while at the same time serving only narrow party interests and short-term political visibility.
Exercising direct or indirect pressure on the Prosecutorial College of the Supreme Judicial Council with the aim of making personnel decisions that serve specific political goals is completely unacceptable. What is even more disturbing is that this practice is becoming a sustainable model of political behavior that is activated at key moments - during political crises, election campaigns, when considering cases of high public interest, when taking procedural actions against persons with immunity or with significant economic and lobbying resources.
As a result, the public debate is systematically shifting from the necessary legislative decisions and institutional responsibility to manipulative suggestions of “usurpation“, “illegality“ and “control“. Particularly worrying is the promotion of these suggestions by linking independent bodies of the judiciary to the integrity of the electoral process. Such an approach is contrary to legal and democratic logic and constitutes a dangerous precedent for subordinating justice to the political calendar.
The direct responsibility for the lack of new leaderships of a number of institutions, for the legislative gaps and for the legal contradictions created belongs to the legislative branch. The periodic and hasty redrafting of laws, as well as fragmentary changes to the Constitution without a clear assessment of the consequences, do not lead to stability, but deepen the institutional crisis.
Under the current legislation, the current composition of the Supreme Judicial Council does not have the authority to open procedures for the election of a new Prosecutor General or President of the Supreme Administrative Court. Such procedures can only be conducted by a newly elected Supreme Judicial Council - a process that has not even begun for more than three years within the framework of several successive parliaments.
In a state governed by the rule of law, issues of mandates, powers and legitimacy are resolved through the Constitution, laws and judicial control, and not through political speech and party pressure presented as institutional criticism. Until responsibility is taken for the root causes of the crisis, the tension will continue to reproduce itself at the expense of the stability of the institutions and the public interest.
The artificial opposition between the judiciary and society and the instillation of distrust in state institutions erode statehood and serve only narrow political interests, but not Bulgarian citizens. Trust in institutions can only be restored through compliance with the principles of the rule of law, and not through attempts to circumvent or politically exploit them.
The Association of Prosecutors in Bulgaria and the Chamber of Investigators in Bulgaria call on the Prosecutorial College of the Supreme Judicial Council to uphold its institutional independence and to resist any attempt at political pressure.
We also call on the political forces represented in parliament to respect the Constitution and the principle of separation of powers, by refraining from actions that threaten the functioning of the judicial system and trust in justice.