Call to European institutions for the termination of the nomination of Borislav Sarafov as General prosecutor of the Republic of Bulgaria and for the initiation of a transparent and democratic process

This petition aims to unite all those who support the demands outlined in the letter cited below, in which we call upon the Members of the European Parliament, the Committee on Civil Liberties, Justice and Home Affairs (LIBE), the European Commission, and the Group of States against Corruption (GRECO) at the Council of Europe to:

1. Review the situation regarding the nomination of Borislav Sarafov as General Prosecutor of the Republic of Bulgaria.
2. Raise the issue in the relevant committees and forums to ensure that Bulgaria’s judicial system remains independent and protected from political influence.
3. Recommend to the Bulgarian authorities that they halt the nomination process for Sarafov and initiate a new, transparent, and democratically legitimate selection process for the position of General Prosecutor.

Once we have gathered the support of all who wish to join, the letter will be officially sent to the respective European institutions. The document is available in Bulgarian, English, and French.

To:
Members of the European Parliament
European Parliament

Rue Wiertz 60
B-1047 Brussels
Belgium

Cc:
Committee on Civil Liberties, Justice and Home Affairs (LIBE)
European Parliament

Rue Wiertz 60
B-1047 Brussels
Belgium

Cc:

European Commission - Directorate-General for Justice and Consumers  

Rue Montoyer 59

1049 Brussels
Belgium

JUST-RULE-OF-LAW-REPORT@ec.europa.eu

Cc:

Group of States against Corruption

Directorate General of Human Rights and Rule of Law
Council of Europe
F-67075 Strasbourg Cedex

 

Subject: Urgent Concerns Regarding the Nomination of Borislav Sarafov for General Prosecutor of Bulgaria

Dear Members of the European Parliament, Dear Members of the Committee on Civil Liberties, Justice and Home Affairs (LIBE), Dear Colleagues,

We, the undersigned lawyers and representatives of bar associations in Bulgaria, are writing to express our serious concerns regarding the recent nomination of Borislav Sarafov for the position of General Prosecutor by the Bulgarian Supreme Judicial Council (SJC), whose mandate has already expired.

This nomination raises critical questions about the legitimacy of the selection process and presents a significant threat to the independence of the judiciary in Bulgaria, a core value of the European Union.

The Bulgarian prosecution system operates under a vertical structure, with the General Prosecutor at the top, exercising significant control over the actions of all prosecutors. Given the immense power concentrated in this position, the selection process must adhere to the highest standards of transparency and democratic legitimacy. The General Prosecutor is responsible for appointing and dismissing prosecutors and directing key investigations, making it crucial that this process remains free from political interference.

The fact that Sarafov is the sole nominee for such an essential position is alarming and reminiscent of the process surrounding the previous General Prosecutor, Ivan Geshev, who also stood as the only candidate. Geshev’s tenure was marked by widespread public criticism and protests, largely due to allegations of political dependence and a lack of transparency. The repetition of such a scenario with Sarafov’s single candidacy raises concerns about potential backroom dealings and the erosion of judicial independence.

Sarafov was Prosecutor General Ivan Geshev's deputy until June 16, 2023, when the Supreme Judicial Council dismissed Geshev for undermining the prestige of the judiciary. Sarafov also served as deputy General Prosecutor during the whole mandate of the previous incumbent Sotir Tsatsarov (i.e. since 2013)[4] and cannot be seen as an outsider to the severe deficiencies in the functioning of the prosecution in Bulgaria.

Moreover, Borislav Sarafov is currently under investigation for his alleged involvement in the “Eight Dwarfs” scandal, which revealed corruption and influence trading within the judiciary. His nomination, while still under investigation, further exacerbates the concerns and severely undermines public trust in the independence of the prosecution system. If Sarafov is appointed, it would likely delay essential reforms and compromise the General Prosecutor’s office for at least another seven years.

It should be noted that on the day of Sarafov’s nomination for the position a series of critical statements were announced, including by the Plovdiv Bar Association (the second largest in the country), [5] and by many CSOs, including the Anti-Corruption Fund Foundation – the CSO which revealed the “Eight Dwarfs” scandal[6].

The independence of the judiciary is a fundamental pillar of the rule of law within the European Union. It is imperative that Bulgaria adheres to European legal principles, ensuring that key judicial appointments are free from political influence, transparent, and democratically legitimate.

We, therefore, urge the European Parliament and the LIBE Committee to review this situation and raise the issue in relevant committees to ensure that Bulgaria’s judiciary is protected from political manipulation. Your intervention would provide vital support in upholding the rule of law in Bulgaria and restoring trust in its judicial institutions. We call upon you to recommend that Bulgarian authorities halt this nomination process and proceed with a new, transparent, and democratically legitimate selection for the position of General Prosecutor.

Thank you for your attention to this urgent matter.

 

Sincerely, [Names of Lawyers and Bar Associations]

 


Blaga Thavard, Denitsa Rukanova-Kaldamukova    Contact the author of the petition