The Attorney General Has Submitted a Request to the Constitutional Court In Order to Claim Certain Provisions of Law for Amendment and Supplement of Judiciary Act As Unconstitutional

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The attorney general has submitted a request to the constitutional court in order to claim certain provisions of law for amendment and supplement of judiciary act as unconstitutional. These provisions refer to the closure of specialized courts and prosecutors’ offices and the relevant investigative bodies, to the status of magistrates and employees, the change in jurisdiction of criminal cases, the deadlines until which certain texts of law should enter into force.

  • Conditions and a procedure envisioned for reappointment of magistrates can be considered as an encroachment over the independence of the judiciary, which violates the principle of powers separation.
  • Provisions for transferring cases to other bodies of the judiciary create conditions for endangering legal certainty.
  • The closure of a number of specialized courts and prosecutor’s offices without the necessary guarantees to protect the rights and interests of citizens will significantly impede the normal functioning of the judiciary and the implementation of international treaties to which Bulgaria is a party.
  • The legislator has the power to assess how to regulate specific public relations, but the closure of the specialization justice withoutany need and specific public interest violates the principle established in the Basic Law that Bulgaria is a state governed by the rule of law and governed by the Constitution and laws of the country.

You can see the full content of the request to the Constitutional Court here: https://prb.bg/…/%D0%98%D1%81%D0%BA%D0%B0%D0%BD%D0%B5…

These are the highlights from general attorney Ivan Geshev’s speech before the session of the Plenum of the Supreme Judicial Council:

  • I will continue to insist the Supreme Judicial Council to consider as soon as possible the allegations of different ministers of justice, whether in a business or regular cabinet, in order to make clear to Bulgarian citizens, all of this that is clear to every freshman at the Faculty of Law – there are no legal grounds in the request for my removal.
  • Most probably there are political interests behind these funny statements. The probable aim of all of that is an illegitimate control of the prosecutor’s office, a personal change of the Attorney General, the ruin of criminal justice through the so –called reforms. I strongly hope this is not the case.
  • This is not a reform but actions against the interests of Bulgarian citizens and Bulgarian society especially when it comes to fighting the crime.
  • The prosecution alongside the court is still one of the very few really working institutions in the country which are a barrier against lawlessness. We will continue doing our job.

You can see the whole Geshev’s statement here: https://youtu.be/AGUCnrfW4Es

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