Former chairwoman of the Union of Judges and former member of the Supreme Judicial Council Nelly Kutzkova commented on the recent events surrounding the prosecutor's office and personnel decisions in the judiciary, including the resignation of Borislav Sarafov. According to her, instead of direct political pressure, it is more about “taking into account the direction of the wind“ - a trend that, according to her, has long accompanied key decisions in the system.
She believes that if there is political will, a new SJC can be elected by the summer, and a new Prosecutor General - by the fall. At the same time, she warned that there is always a risk that the procedures will be deliberately delayed.
Kutzkova described as a worrying sign the fact that Borislav Sarafov's resignation from office was perceived as extraordinary news. According to her, this shows how distorted the environment is, as soon as the implementation of the law becomes an event.
She emphasized that it has long been clear that occupying this position is problematic from a legal point of view. “It is sad that it is news to comply with the law“, she said in “Your Day“, adding that it is not clear whether the decision was personal or the result of external influence.
A number of scandals from recent years were recalled - from the “Eight Dwarfs“ case to the murder of Martin Bozanov, as well as the allegations surrounding Petyu Petrov and the case with the Bulgarian European Prosecutor Teodora Georgieva.
According to Kutzkova, these cases create a sense of deep dependencies and compromise the entire prosecutor's office, even though it is staffed by many honorable professionals. "Because of a small group of people, an entire institution is being demonized," she stressed.
Kutzkova emphasized the role of the Supreme Judicial Council and the need to quickly fill a new membership. According to her, the most important thing is for it to include "integrity, honorable and responsible people", both from the parliamentary and professional quotas.
She also noted a less visible problem - that conscientious magistrates often do not want to run for such positions. As a result, people without sufficient motivation or with different interests sometimes end up on the council.
Regarding possible disciplinary proceedings against Borislav Sarafov, Kutzkova stated that it is entirely possible that they will lead to his removal from the system, but stressed that the procedure cannot be completed quickly.
She recalled that even one proven violation can be enough for dismissal, as has happened in previous cases. At the same time, she expressed concern about the lack of consistency in investigations and public accusations.
According to Kutzkova, there is a risk that the current processes will turn out to be a mere "regrouping" rather than a real reform. She called for swift legislative measures, including limiting the powers of the current composition of the Supreme Judicial Council in appointments.
More important, she said, is to develop a comprehensive concept for judicial reform. "We cannot act piecemeal. We need a vision - as for any serious system," she commented.
Kutzkova said that she remains "moderately optimistic" for real reform, despite the accumulated disappointments over the years. She emphasized that changes will not come only with personnel decisions, but require a deep and consistent process.