Balgarianovinite.com The Constitutional Court said it has not yet opened a case related to an application by the Varna Appellate Court concerning the term in office of the acting prosecutor general. The Constitutional Court’s chair, Pavlina Panova, has sent the Varna court instructions to fix problems in its application within 14 days and failure to do so will lead to dismissing the case.
A possible judgment by the Constitutional Court will potentially end a stale-mate over whether Borislav Sarafov is the legitimate acting prosecutor general – or not, because he has overstayed a prescribed six-month term in office.
The Varna judges had asked the Constitutional Court to rule on whether a provision in the Judicial System Act is unconstitutional and whether it should apply only going forward or also to people who were already appointed as acting Prosecutor General before the law came into force.
The Constitutional Court, however, found that the request was incomplete and unclear. According to the Court, when judges ask for a constitutional review, they must clearly explain why a specific law contradicts the Constitution and point to the exact constitutional provisions involved. In this case, the Varna court did not provide sufficient reasoning or clearly define what constitutional rules were violated.
The Constitutional Court also noted that courts like the Varna Court of Appeal may not ask for interpretations of ordinary laws or ask general questions. They may only request a constitutional review if they clearly argue a conflict between a law and the Constitution. Interpretations of the Constitution itself can only be requested by a limited group of institutions, not by individual courts.
The Sarafov controversy
Borislav Sarafov was appointed acting Prosecutor General in June 2023 by the Prosecutors Chamber after his predecessor, Ivan Geshev, came down.
In January 2025, Parliament amended the Judicial System Act to introduce a new rule (Article 173(15)), stating that an acting Prosecutor General (and acting heads of the highest courts) can serve no more than six months.
According to legal experts and a ruling by the Supreme Court of Cassation (SCC), that six-month limit meant Sarafov’s mandate automatically ended on July 21, 2025, because the new rule applied to his ongoing interim appointment. As a result, the SCC ruled that he no longer has authority to perform key functions – such as requesting the reopening of criminal cases – after that date.
The Prosecutors’ Chamber, however, disagreed, arguing the law does not apply retroactively to Sarafov’s original appointment from 2023. They reaffirmed his appointment and said the amendment doesn’t affect his position.
This legislative controversy has divided Bulgaria’s legal community and political actors. Constitutional Court Asks Varna Appeal Judges to Clarify Application Concerning Acting Prosecutor General’s Term 2026 THE NEWS FROM BULGARIA – NEWS AGENCY 2009-2025 2026-01-08 16:03:54 Latest news World news Country news Most important news latest news most important latest of the day Justice Petar Nizamov Feathers Petar Nizamov- Feathers Justice bg iustitia.bg iustitia iusticia usticia investigation Burgas Bulgaria news news of the last hour news of the day news of today Bulgaria news The news from Bulgaria blitz news top news most important most commented latest news Boyko Borisov news weather coronavirus news news weather facebook youtube facebook instagram news today news of the last minutes news today today news news bg news leading news hot news bg news site for news all news news bg news of the last hour latest latest news bg news of today news today news today news of the last hour latest news today news bg news news 24 hours news vesti bg novini news world bird bg bivol bg bivol trud bg novini latest news today novinite bg news hello bulgaria political party coat of arms delyan peevski scandalous Bulgarian National Television Free Europe Television scandal exclusive live tv live right now tv tv online tv program bg live now tv news online tv online live court Burgas court Burgas district court Burgas court Burgas district court Burgas district court Burgas appellate court Burgas prosecutor Burgas prosecutor’s office Burgas district prosecutor’s office Burgas district prosecutor’s office Burgas district prosecutor’s office Burgas district prosecutor’s office Burgas district prosecutor’s office Burgas district prosecutor’s office Prosecutor General Ivan Geshev Prosecutor Geshev Tsatsarov Ministry of Internal Affairs Burgas ODMR Burgas ODPR Burgas police Burgas district police Burgas prosecutor Tsatsarov SGS cases Varna court chairman of the SGS court decisions on civil cases decisions on cases Plovdiv court decision of the court decisions cases Varna court criminal cases district district court decisions work in the court SGS chairman of the SGS judges Sofia court post judges Plovdiv court Plovdiv judges Plovdiv Supreme Court Inspectorate Supreme Court Supreme Judicial Council lawyer lawyer criminal cases lawyer civil cases lawyer marriage cases lawyer administrative criminal law criminal process civil law civil process administrative law constitutional law