The Supreme Administrative Court (SAC) overturned the government act of the "Gyurov" cabinet from April this year, which withdrew the candidacies for a new Bulgarian representative in the European Prosecutor's Office of prosecutors Dimitar Belichev, Mihaela Raydovska and Plamen Petkov.
With this court decision, the initially approved trio of magistrates once again appears as Bulgaria's legitimate choice, which must be sent for an interview in Brussels.
Chronology of the institutional clash
The saga began in January this year, when the then government, with Decision No. 50, approved the three candidates after a procedure conducted by the Ministry of Justice. The nominations were to replace the first Bulgarian European Prosecutor, Teodora Georgieva, whose 6-year term expires at the end of this month - July 2026.
In April, however, the newly appointed cabinet adopted Decision No. 267, which canceled the nominations with the argument that "defects" had been allowed in the selection procedure. Justice Minister Nikolay Naydenov announced the start of a new competition, which provoked a lightning reaction from the three rejected magistrates. They filed a joint appeal with the Supreme Administrative Court, insisting that their rights had been violated and the state's motives - unfounded.
Crisis with deadlines and intervention from Brussels
Due to the litigation, the procedure officially stalled in June, and the Justice Minister admitted to parliament that Bulgaria could not meet Luxembourg's recommended deadlines. The situation has also caused concern at the headquarters of the European Public Prosecutor's Office (EPPO), with European Chief Prosecutor Laura Kövesi personally signaling the risk that Sofia will be left without a titular prosecutor after the end of July.
With today's decision, the Supreme Administrative Court (SAC) is in effect standing behind the appellants and restoring the legal effect of the cabinet's January decision.
What's next?
The decision of the three-member panel of the Supreme Administrative Court is not final. The Council of Ministers has 14 days from its announcement to file a cassation appeal before a five-member panel of the court.
Previous requests from the Ministry of Justice showed determination for a new procedure, but if the caretaker cabinet decides to appeal, this will prolong the legal battle for months. In such a scenario, Bulgaria will certainly face August without a new European prosecutor appointed, which will require the activation of emergency mechanisms in the EPPO College in Luxembourg.