On Monday – January 12, the procedure for handing over the exploratory mandates for forming a new cabinet within the framework of the 51st National Assembly begins. All parties in parliament announced that they do not see a possibility of forming a new government within this parliament.
The formation of a caretaker government under the new rules introduced with the constitutional amendments aimed at limiting the powers of the president is once again on the agenda. They created the so-called “home book“ – a list of about 10 officials from whom the head of state can choose an acting prime minister.
One of the most consistent critics of these changes is the former Minister of Justice and former legal advisor to President Rumen Radev - Krum Zarkov.
In an interview for the program “120 Minutes“ he stated that the problem is not the lack of personalities, but the lack of figures with real and equal political distance.
“Most of these people are part of institutions issued by the National Assembly. This puts them in a position to constantly explain whether they are close to one or another political force, which practically renders the idea of an acting government as a guarantor of fair elections meaningless,“ Zarkov pointed out.
According to him, the greater risk is the creation of prerequisites for institutional blockage. The caretaker government is appointed precisely in the event of a parliamentary crisis to lead the country to elections. However, the new regulation allows for a situation in which such a government cannot be formed.
„The Constitution already provides that until a caretaker government is appointed, the president cannot set a date for elections. This creates a danger of ending up with a resigned government, a non-functioning parliament and no way out of the crisis, Zarkov warned.
Regarding the possibility of BNB Deputy Governor Andrey Gyurov being elected acting prime minister, Zarkov stressed that at the moment he formally meets the requirements of the “house book“, as he has been removed from his functions, but has not been dismissed from office.
“Such a decision, however, would carry a serious legal and political risk, including the possibility that the decree could be challenged before the Constitutional Court,“ he said.
According to Zarkov, the position of the European Central Bank, which expressed doubts about the actions of the Anti-Corruption Commission in the case, reinforces doubts that Gyurov's removal was purposeful.
Zarkov stressed that the president has the freedom within the framework of the Constitution to decided who to talk to and who to give a mandate to form a caretaker government. Despite its limited powers, the legitimacy of the caretaker cabinet continues to derive from the head of state.
Regarding the possibility that the Constitutional Court will again be referred to the controversial texts, Zarkov is skeptical. According to him, the court has already failed to come up with a decision twice, and the judges have already expressed their positions on the merits.
Regarding speculations about whether President Rumen Radev will create a political project, Zarkov said that he does not have such information.
According to him, a large percentage of people in Bulgaria want a new party because they are deeply disappointed with the old ones.
Regarding the situation in the BSP, Zarkov said that the upcoming congress is a matter of survival for the party and the organized left movement in Bulgaria.
“It is not just about changing the chairman. It is about restoring the representative function of the BSP, which is a matter of national importance,“ he emphasized.