Supreme Judicial Council Adopts Declaration against Closure of Specialized Jurisdictions

May 13 (BTA) - The Plenum of the Supreme Judicial Council
(SJC) Thursday voted, 18-3, to adopt a declaration against the
closure of the specialized courts and prosecution offices as
proposed by legislative revisions which did not reach a plenary
debate before President Rumen Radev dissolved Parliament on
Wednesday. The discussion on the declaration lasted two hours.
The declaration expresses the Plenum's full support for the
magistrates and staff who oppose the closure of the specialized
jurisdictions. It will block the justice system and create
tension among the magistrates and the public at a time of
political instability and economic uncertainty, the declaration
says.
The amendments in question, moved by Democratic Bulgaria, were
approved on first reading by the Parliamentary Legal Affairs
Committee on April 28. There Is Such a People and Rise Up! Thugs
Out! and BSP for Bulgaria backed the bills amending and
supplementing the Judicial System Act and the Criminal Procedure
Code, whereas GERB-UDF abstained.
The document in defence of the specialized magistracies was
proposed by Boyan Magdalinchev, Tsvetinka Pashkunova and Kalina
Chapkanova. Pashkunova described it as an act of solidarity. She
argued that the revisions were submitted in a way that
indicated disregard for the separation of powers and that they
had not been put up for public discussion - all of which was a
demonstration of disrespect for the institutions and an act of
revanchism.
Supreme Court of Cassation (SCC) President Lozan Panov was the
first to take the floor on Thursday, saying he would not back
the declaration, which he called "political" and "legally
unsubstantiated". He said that the blind support for the
declaration meant there was no separation between the SJC
Chambers of Judges and Prosecutors. The SJC Plenum is not a
political body, and therefore cannot debate such a declaration.
Its adoption while a caretaker government is in office also
shows that this is a political move, according to Panov. He said
that the workload of specialized courts had been decreasing.
Many cases are plea bargain agreements and warrants for the use
of special surveillance means. In 2020, just 14 cases were
referred to the SCC by the specialized courts. The Appellate
Specialized Court is second to last in number of cases closed
among all the appellate courts in Bulgaria, said Panov.
Prosecutor General Ivan Geshev dismissed as lies claims that
those institutions are inefficient and ineffective. According to
him, over 3 billion leva are currently frozen in connection
with pending cases and investigations. The aim of the proposed
revisions is to restore those funds to the persons under
investigation by the specialized prosecution, Geshev said,
adding that the closure of the specialized judicial authorities
would serve the mafia in Bulgaria, at the expense of taxpayers.
The Prosecutor General said that "the whole thing is a witch
hunt against judges".
Justice Minister Yanaki Stoilov, who chaired the SJC sitting for
the first time after the President appointed a caretaker
cabinet on Wednesday, suggested that an analysis be made of the
performance of the specialized courts and prosecution offices
since their establishment. He scheduled the next sitting of the
plenum for next Thursday. Until then, the SJC must approve
parameters and criteria for the analysis which is to be
completed in two months' time. RI/MT/DD