Caretaker Justice Minister Stoilov Will Appeal SJC's Refusal to Dismiss Prosecutor General Geshev
The caretaker Minister of Justice, Prof. Yanaki Stoilov, will appeal to the Supreme Administrative Court (SAC) against the Supreme Judicial Council's (SJC) refusal to consider the merits of his request for the early release of the Prosecutor General.
He announced this in an interview with BNR.
At the same time, he will propose to the Council of Ministers to take a decision requesting a ruling from the Constitutional Court (CC) on whether a minister is entitled to request the removal of the Prosecutor General and the chairmen of the Supreme Administrative Court and Supreme Court of Cassation.
The reason for this is the decision of the plenum of the Supreme Judicial Council (SJC) of July 22, by which the council refused by 12 to 8 votes to consider the request of the Minister for early removal of the Prosecutor General on the grounds that it is inadmissible.
One of the arguments against considering the issue was that the minister was not allowed to make such a request by the law and the Constitution.
Stoilov is of the opinion that the Judiciary Act gives the Minister of Justice the right to appeal the refusal of the SJC, which does not allow for consideration on the merits of his proposal for early release of the Prosecutor General.
According to Yanaki Stoilov, there are probably different opinions among some legal and political circles on this issue, and the Constitutional Court has not ruled on this matter.
That is why it is necessary to consider the topic and to give an unambiguous answer to the question of the possibility of the Minister of Justice to make such a request and to consider it so as to reach a ruling on the merits.
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