The Constitutional Court (CC) had scheduled its session to be held on February 8 this year, the ministry said. Then Constitutional Case №17 from 2021, which was initiated at the request of the Council of Ministers, will be reviewed.
The executive branch asked whether the Minister of Justice had the power to propose to the SJC early dismissal of the President of the Supreme Court of Cassation, the President of the Supreme Administrative Court and the Prosecutor General. The case is admitted for trial.
The request of the Council of Ministers to the Constitutional Court was made after the SJC refused to consider the merits of a proposal by caretaker Minister of Justice Prof. Yanaki Stoilov for early termination of the mandate of Prosecutor General Ivan Geshev. Meanwhile, Stoilov was appointed Constitutional Judge by the President’s quota.
The full message of the Constitutional Court reads:
„The Constitutional Court will hold a session on February 8, 2022 (Tuesday) at 10:00 a.m. with the following agenda:
- Constitutional case № 17/2021 at the request of the Council of Ministers of the Republic of Bulgaria for giving a mandatory interpretation of the provision of Article 130c, item 3 of the Constitution of the Republic of Bulgaria by answering the question: “’Do the powers of the Minister of Justice under Article 130c(3) of the Constitution of the Republic of Bulgaria include the possibility to make a proposal for early dismissal of the President of the Supreme Court of Cassation, the President of the Supreme Administrative Court and the Prosecutor General in the hypothesis of Article 129, paragraph 3, item 5 of the Constitution?„
