Andrey Gyurov cannot be an acting prime minister, claims constitutionalist Plamen Kirov to "Trud".
He points out at least two reasons why the deputy governor of the Bulgarian National Bank should not take up the position. The lawyer's position is on the basis of Gyurov's agreement in principle, given at the meeting with President Iliana Yotova.
"Even if Andrey Gyurov's mandate as Deputy Governor of the BNB was not terminated by the National Assembly, he could not take up the position of Acting Prime Minister, at least because the performance of his functions has been interrupted and, in addition, there is irrefutable evidence that he is incompatible with the mandate, which leads to the premature termination of his powers", commented Prof. Kirov.
He also recalls the court saga with the Deputy Governor, pointing out that he left the commercial company four months after his election to the post in the BNB. "This is a traditional violation committed due to oversight, not due to anything else", the lawyer claims. He adds that Gyurov violated the law on the Bulgarian National Bank by not requesting permission from the Board of Directors to participate on a public basis in the management of two non-governmental organizations, despite the explicit requirement to do so.
"In this case, the Board of Directors must establish that these participations of his do not influence its decisions, that is, he is not in a conflict of interest. Andrey Gyurov did not do this", stated Plamen Kirov. He expresses bewilderment that after the deputy governor appealed his removal to the Supreme Administrative Court, the Supreme Court did not issue a decision, but instead sent a request to the European Court and the case dragged on for two years.
"In this sense, our court refuses to apply Bulgarian law, and I don't know why it is trying to clarify what the requirements of European law are, although in this case it has no relation, or rather has a secondary relation, to the resolution of the case with Andrey Gyurov", the constitutionalist wonders.
Kirov cannot explain why, after Gyurov appealed the decision of the Supreme Administrative Court, he at the same time agreed to accept the post of acting prime minister. The lawyer recalls that in such a case, according to the law on the Bulgarian National Bank, the governor or deputy governor of the national treasury must resign if he wants to head the Council of Ministers.
Plamen Kirov recalls the dual citizenship of former Prime Minister Kiril Petkov, who once again put the presidential institution in an uncomfortable position.
"I think that the case of Kiril Petkov, who was appointed as an official minister with dual citizenship and then the decree of President Rumen Radev was declared unconstitutional, was enough for us. This was the first presidential decree in 35 years declared unconstitutional by the Constitutional Court," the constitutional law lecturer concludes his reasoning and calls on us not to step on the hoe a second time.
"I don't see why we should experiment "with the special" situation of Andrey Gyurov. "We don't need to step on the hoe twice!", concludes Prof. Plamen Kirov.