There are legal restrictions on behavior the selection of the chief prosecutor and of the chairman of the High Court, announced on Sunday before the BNR Olga Kerelskawho was one of the three members of the Supreme Judicial Council (SJC) who opposed the opening of the two procedures for the election of the Chief Prosecutor and the President of the Supreme Administrative Court (SAC). According to her, the council has no moral right with a mandate that has gone to make the election.
What is the barrier?
In her words, the legal obstacle is expressed by the fact that, in the provision of paragraph 23, paragraph 2 of the Law on Amendments and Amendments to the Constitution, a temporary ban was introduced for co – the current SJC will make this election of the so-called three big ones in the legal system, and at the moment the question is only about choosing the president of the Supreme Court of Cassation (SCC) .
The aforementioned provision was not clearly reversed by the decision of the Constitutional Court, which reversed an important part of the changes in the basic law.
“I think so this matter should be clarified before we proceed to open such an actionsubmitting applications and holding the election itself”said Olga Karelska.
However, she cautioned against that there is no legal possibility at this time to stop the procedure for the two elections.
KS says he can
Olga Kerelska reminded that the mandate of the SJC expired 2 years ago:
“And to be even more clear – we have entered our third year after our regular mandate ended. The question is whether we have the authority, with this expired mandate, to choose the chief prosecutor and the chairman of the High Court. , the opinions of the lawyers are divided. .
According to her, before the dates for the election of the chief prosecutor and the chairman of the SAC, the SCC will have 20 people, ie “Our writing is very incomplete and it would be good to answer this question as well – does it matter if this majority of 17 votes for the president of the SAC is not prepared in a joint the gathering of the SJC of 25 people, I think this is just the opinion of the legislator and that is how it is defined in the law”.
Some important decisions of the SJC are under pressure from outside, Olga Kerelska said and recalled the words of former chief prosecutors Ivan Geshev and Sotir Tsatsarov that the important decisions of the SJC are “taken elsewhere” – “in two or three buildings that are not compatible with the construction of the SJC”.
“Some actions of the SJC really raise doubts in this regard”she said and said:
Dangerous interference from outside in the judiciary
“I am not optimistic that the judicial system could solve its problems by itself, because I do not think that the problems are self-created and self-reproducing. These are things that come from outside. … The invisible intervention that destroys the system and creates the problems that exist is dangerous. The savage interference in the work of the judge is a hidden interference. It is not dangerous for the Minister of Justice to make a recommendation for the chief prosecutor and chairman of the High Court, because it is so under the law, and I do not think that this at all prevents him independence of the judiciary. There are hidden influences, undercurrents and influences that are placed both on the governing bodies of the judiciary and on particular judges when deciding a dangerous case.“.
According to her, with political will, can interfere with the functioning of the SJC and all bodies of judicial power can be suspended.
2024-10-20 10:05:00
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