Selection of European prosecutor from Bulgaria: back to square one

Bulgaria’s government has decided to launch a new procedure for selecting the country’s next European prosecutor, reopening a process that has already been contested in court and leaving the country without a serving representative in the European Public Prosecutor’s Office (EPPO).

The decision was taken at an operational meeting of the Council of Ministers on Wednesday, the Justice Ministry said. The ministry will submit a formal decision to the government at its next meeting to start a new selection procedure.

The move follows a legal dispute over the previous procedure, which produced three candidates but was later cancelled by a caretaker government. The three candidates challenged that decision, and Bulgaria’s Supreme Administrative Court subsequently annulled it.

The government has now decided against simply reviving the previous procedure and will instead start the selection process again.

The three candidates originally nominated under the GERB government of Prime Minister Rosen Zhelyazkov were Dimitar Belichev, Mihaela Raydovska and Plamen Petkov.

There is no formal obstacle preventing them from applying again, but the government will first have to revoke the previous decision nominating them. They could then challenge that move before the Supreme Administrative Court, potentially prolonging the process further.

A selection process caught between politics and the courts

The original procedure began at the end of last year and ended with the nomination of the three candidates.

In April, however, the caretaker government headed by Andrey Gurov withdrew their nominations and restarted the process, arguing that the selection procedure suffered from ‘quite serious deficiencies’.

According to the then caretaker justice minister Andrey Yankulov, the independence and political neutrality of the selection committee were questionable. He also argued that the procedure had been conducted under rules that could not be considered objectively defined, clear in advance and transparent.

The three candidates appealed the government’s decision. The Supreme Administrative Court overturned it. The new government headed by Prime Minister Rumen Radev did not appeal the court ruling. This initially raised the possibility that it would allow the previous procedure to proceed, despite the concerns raised by the caretaker government, in order to avoid further prolonging the period without a Bulgarian European prosecutor.

The government has now opted instead for a fresh selection.

Behind closed doors: how Bulgaria is selecting its next European Prosecutor

Bulgaria has been without a serving European prosecutor

The decision comes after the mandate of Teodora Georgieva, Bulgaria’s representative in the College of European Prosecutors, expired on 29 July.

Georgieva had been removed from active duties for the last year and a half while disciplinary proceedings were under way.

On 15 July, the College of the European Public Prosecutor’s Office imposed a disciplinary penalty of ‘reprimand’ on the Bulgarian European Prosecutor, concluding proceedings over three disciplinary offences found in the framework of EPPO investigations.

The decision followed a unanimous recommendation by the EPPO Disciplinary Board, which found the prosecutor guilty of the disciplinary misconduct identified by an administrative inquiry panel.

The EPPO College had already found the prosecutor guilty of three disciplinary offences in February but had delayed deciding on the penalty while seeking the opinions of the European Parliament, the Council and the European Commission on the possibility of bringing a case before the Court of Justice of the EU with a view to dismissal.

Given that the prosecutor’s mandate was due to end on 28 July, the College decided to conclude the proceedings with a reprimand.

Kövesi has warned against further delays

The selection process is also being watched closely by EPPO leadership.

In June, European Chief Prosecutor Laura Kövesi called on the Bulgarian authorities to avoid politicising the selection and to complete it as quickly as possible and in accordance with the applicable legal framework.

Kövesi made the appeal during a meeting in Luxembourg with Bulgarian Justice Minister Nikolay Naydenov. The main issue discussed was the delay in appointing Bulgaria’s next European prosecutor and the potential negative consequences for the effectiveness of EPPO’s work.

Naydenov said he would seek to maintain a balance between speed, transparency and accountability in the selection process.

Kövesi’s own mandate as European Chief Prosecutor is due to expire in October, with Andrés Ritter already designated as her successor.

Bulgarian EPPO prosecutor dangles complaint shaking the political and judicial scene

The final decision lies with the EU

The Bulgarian government’s role is to select and submit three candidates. The final choice belongs to the Council of the EU, which appoints one of the three nominees with the assistance of a selection committee.

For Sofia, however, the immediate challenge is to get the national selection process moving again while avoiding another dispute over the way candidates are chosen.

Caption: Bulgarian Justice Minister Nikolay Naydenov and European Chief Prosecutor Laura Kövesi during their meeting in Luxembourg in June./Facebook page of Nikolay Naydenov