Bulgaria's Vice President Margarita Popova has implicitly criticized the ruling center-right party GERB over a legislative change that allows a "lame-duck" Supreme Judicial Council to elect the country's new Chief Prosecutor.

"I would say that I am a bit worried by the prospect of having the outgoing Supreme Judicial Council pick the new Chief Prosecutor," Popova stated on BNT Saturday.

She referred to the fact that the seven-year term of Bulgaria's Chief Prosecutor Boris Velchev is to expire on February 19, 2013, while the current Supreme Judicial Council (VSS), Bulgaria's top magistrates' body, is set to see its term end on October 3, 2012.

Earlier this week, however, the ruling party GERB – whose Justice Minister Popova used to be until she got elected VP last year – sponsored a legislative amendment already adopted by the Justice Committee at the Bulgarian Parliament allowing the VSS to start the procedure for the election of a new Chief Prosecutor 6 months before the incumbent's term expires.

Until now, the law provided for electing the Chief Prosecutor a month before the incumbent's term ends, which was to be preceded by a month of discussing the nominees. Thus, with the latest changes, Bulgaria's Supreme Judicial Council will be able to start electing the new Chief Prosecutor in August, instead of in December.

Popova has reminded that the draft Justice System Act originally contained no provisions allowing the VSS to elect the Chief Prosecutor so early.

In her words, the new move on part of the GERM MPs needs to be substantiated with serious arguments but none have been presented to the public so far.

Popova also echoed the constant criticism of the European Commission for the Bulgarian state over the election of the 22 members of the Supreme Judicial Council.

The EC has insisted time and again that the introduction of direct election of the members of the Bulgarian Supreme Judicial Council, a body that has often been criticized for spurring scandals or failing to crack down on scandalous issues, by all members of the judiciary will be crucial for a more tangible judicial reform.

According to Brussels, the direct election of the VSS members must be employed in time for the formation of the new Council in the fall of 2012.

At present, the Bulgarian Supreme Judicial Council is elected by delegates representing the judges and prosecutors working in the judicial system. The latest changes to the legislation are said to provide for greater representation, with each voting delegate representing five judges or prosecutors instead of ten, as was the case earlier.

The latest amendments also introduce a more thorough procedure for the election of those VSS members that come from the so called parliamentary quota, and are elected by the Parliament.

In the fall of 2012, the Bulgarian Parliament is to elect 11 members of the VSS, and the judiciary will be entitled to elect the other 11 under the existing procedures.

The new Supreme Judicial Council will have to make key choices by electing Bulgaria's new Chief Prosecutor (current Chief Prosecutor Boris Velchev's seven-year term is set to expire), the Director of the National Investigation Service, the head of the Supreme Court of Cassassion, as well as a large number of judges and prosecutors.

Bulgaria's VP Popova did argue, however, that a "good selection" of VSS member could technically be carried out even without the introduction of direct elections.

"If we desire to elect and conduct elections based on criteria that are satisfactory to the magistrates' community, we can do that right now. The big question is who is in power, up there behind the scenes, who is directing what, and is the political elite intervening or not, and how all of that is happening," explained the Vice President, who has a long-term background at the Bulgarian judiciary as a prosecutor.

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