One month ago the ruling GERB party got into divorcement with its own minister of justice, tracing the path for constitutional amendments that concern the structure and formation of the Supreme Judicial Council /SJC/. Now the same party calls on with a declaration the same council to resign due to lack of trust, failure to fulfill its duties by the law and attempts to trade political influence, while serving to corporate and economic interests, aiming to get control over the judicial authority. The Reformist Bloc small coalitional partner of GERB expressed its solidarity with the demand, but postponed its official reaction by a day due to inner discrepancies. The appeal for the SJC’s resignation came one day before the proclaiming of the EC annual monitoring report on Bulgaria’s progress in its system of justice and the interior. Many say that this demand aims at the silencing of the latest Brussels’ criticism, concerning the lack of results in the fight with corruption, the prosecution’s ineffectiveness and refusal to inspect in an objective manner a whole series of corruption scandals.

However, party declarations are not enough for a resignation of the SJC - it is the only body that can dissolve itself, as it does not depend on the legislative and executive authorities. Half of its elected members are voted by the parliament, but even after a resignation appeal, the decision remains a personal one. The other half of the elected members is pointed by the magistrates, which have been recently parted and torn by discrepancies. Anyway, if the appeal somehow results in this unlikely resignation, the election of a new council will be on the agenda. Once dissolved now, the new formation should be elected with a mandate of 5 years ahead, according to the now-acting Judicial Authority Act which is expected to be changed in March. Won’t the future amendments impose a new election of a SJC?

The solving of the problem with the council will have its serious influence on the judicial reform’s progress. In its resignation declaration GERB had its reason to appeal for a political consensus, concerning the adoption of changes in the Judicial Authority Act and the Criminal Procedure Code, along with the adoption of anti-corruption and terrorism laws. However, there is no political consensus. The opposition will now try a motion of no confidence due to the healthcare reform problems and the ruling majority also demonstrates discrepancies. For instance, the Patriotic Front, supporting the government declared that it wouldn’t uphold the SJC resignation demand, as that was interference in the judicial sphere. Members of the council voiced to the public similar interpretations and recent Minister of Justice Hristo Ivanov said he was against any collective resignation. According to Hristo Ivanov, such a thing would sweep under the mat personal responsibilities at the SJC and those judges who fought a difficult fight against the governmental actions, criticized by the EC should be thanked in a public instead of being asked to resign. Leader of Democrats for Strong Bulgaria Radan Kanev, who is now in opposition, mentioned that perhaps it would be better for the entire parliament to resign, as “it is responsible for the hellhole in the system for justice”. Kanev also said that the prosecutor general and the chair of the Supreme Administrative Council should resign now, as they are considered to be the architects of the SJC majority that brought it to the current pitiful state.

The issue is not only complicated, but also painful and leaving no room for delay…

English: Zhivko Stanchev