/ world today news/ “The shortening of the mandate of the SJC and the transition to open voting on personnel issues will in practice make the SJC dependent on the “powers of the day”.
This is what Prof. Georgi Bliznashki told BNR on the occasion of the changes to the Constitution prepared for the judicial reform. He expressed hope that “common sense will prevail and these proposals will be rejected”.
In order to follow an upward line of development, it is necessary to have honest and honorable people in power, who do not come there to benefit themselves, but to work for the cause of their own people. I think that during these 3 months (in which Bliznashki is acting prime minister, note) we have shown that it is possible to act in this way as well. Personally, I did not allow myself to be involved in any corruption scandal. I have not signed anything that myself or my posterity would one day be ashamed of, commented the former caretaker prime minister.
I am a supporter of pro-parliamentarism. Those who have earned the trust of their own people should rule. That’s why I supported the current government for a long time – this coalition, which, anyway, weighs its decisions quite hard. For me, if they continue to persist with changes to the Constitution, it will very likely give me reason to rethink my overall position. One wrong idea leads to anotheranalyzes Bliznashki.
Constitutionalist Prof. Pencho Penev commented that the division of the SJC into two panels is an old idea that should have happened a long time ago, because the functions of judges and prosecutors are different, as well as the criteria for evaluating their activities.
For a citizen who participates in the criminal process or in the administrative process, the very thought that the judge is appointed with the participation of the prosecution is, to say the least, disturbing. This also needs to be resolved, said Prof. Penev.
The secret ballot was conceived with a non-permanently functioning SJC as a guarantee that the judicial personnel will not be pressured by their leaders, who also participate in the SJC. The SJC has long been a permanent body and the secret ballot prevents the motivation of the acts of the SJC, and they are appealable to the Supreme Administrative Courtcommented Penev and recalled that the Council makes 300-400 personnel decisions per year, and some of them concern disciplinary proceedings.
With the reduction of the mandate of the SJC, it is not placed in dependencethe scientist is categorical:
According to him, there is no connection between the mandate of the SJC and the mandate of the National Assembly under the current arrangement: Such a connection could exist if the National Assembly could prematurely terminate the mandate of a member of the SJC. According to the Constitution, there is no such possibility. Second, such a danger could exist if, after the expiration of the mandate of the SJC, there could be a “repetition” – that is, the National Assembly would say “well, you don’t listen, and that’s why we won’t elect you a second time”. Repetition is prohibited! Well, in what way will the National Assembly influence the mandate.
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