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Prosecutor General Geshev Says the Proposal for His Dismissal Is Unconstitutional

In an opinion submitted to the Supreme Judicial Council (SJC), Bulgarian Prosecutor General Ivan Geshev argued that a proposal by Justice Minister Nadezhda Yordanova for his early dismissal is unconstitutional and runs counter to the Judicial System Act and the Criminal Procedure Code.
According to Geshev, the proposal rests on political considerations and subjective conclusions rather than on legal arguments. “It does not meet established legal standards and has a number of flaws, discrepancies and faults, including referring to events that have never occurred,” the Prosecutor General states.
Citing particular arguments and objections on each point in Yordanova’s proposal, Geshev notes further that the SJC should ignore some of the circumstances mentioned in the proposal because they refer to other people and events and not to the Prosecutor General. “In essence, the proposal continues the institutional pressure on the prosecution service on the part of the legislature and the executive, probably targeting the personal replacement of the Prosecutor General, capturing the prosecution service and subjugating it to political and economic interests,” Geshev wrote.
Later in the day, the SJC Plenum is to rule on the admissibility of Yordanova’s proposal for Ivan Geshev’s early dismissal.
In her proposal, the Justice Minister cited nine new circumstances substantiating her request for Geshev’s removal from office, including several scandalous cases, the Prosecutor General’s going on record as suspecting a possible manipulation of the random case allocation system at the courts, and disrespectful, sneering and hostile attitude to non-governmental organizations, individuals and legal practitioners’ communities.
The SJC is unlikely to adopt the proposal by the required two-thirds majority or 17 votes, given that Geshev was elected Prosecutor General in October 2019 by the same complement of the Council by a majority of 20 to 4. The term of office of the present SJC complement expires in October 2022.