Both the Constitution and the Law of the European Union are violated

The Union of Judges in Bulgaria expresses its concern about the lack of any reaction from the responsible state institutions in the past two weeks of the Court of Justice of the European Union of April 30, 2025, in joined C -313/23, C -316/23 and C -332/23 – Inspectorate of the Supreme Judicial Council.

Pursuant to item 1 of the said decision, established in the Treaty on the Functioning of the European Union and in the Charter of the Fundamental Rights of the European Union, the principle of independence of judges does not allow the continuation of the main functions of the Inspectorate to the Higher Judicial, as to check the activity of the magistrates, to carry out the intensity and the absence of the conflict and the absence of the conflict and the absence of the conflict and the absence of the conflict of the conflict and the absence of the conflict of the conflict and the conflict of the conflict and the absence of conflict and the conflict of the conflict and the conflict of the conflict and the conflict 2020 Mandate of its members.

In order to make this decision, the Court of Justice of the European Union reports that the continuation of the expired mandates of the members of the Inspectorate does not rest on an explicit legal basis in national law, containing clear and accurate rules to regulate the performance of these functions, and when it is not guaranteed that this continuation is limited in time.

According to the Constitution of the Republic of Bulgaria, the Chief Inspector and the members of the Inspectorate of the Supreme Judicial Council are elected by the National Assembly. Since the announcement of the decision of the Court of Justice of the European Union, no action has been taken by the MPs to initiate a procedure for election of members of the Inspectorate at the Supreme Judicial Council. The parliamentary political forces have not made public statements to indicate what actions they will take in order to carry out the implementation of the basic functions of the state body, established in the Constitution.

It continues for more than four months and the inaction of the present leadership of the Ministry of Justice to take any actions regarding the draft amendments to the Judiciary Act, prepared by the previous panel of the Ministry, submitted for public discussion, which ended on January 8, 2025.

Among the amendments provided for in the same project are those that provide for members of the Inspectorate to the Supreme Judicial Council to be elected at the proposal of the general meetings of the courts, in which direction there are recommendations to Bulgaria by the European

Committee.

Липсата на реакция след решението на Съда на Европейския съюз от страна на Народното събрание и от страна на органите на изпълнителната власт, на които са възложени функциите по подготовка на законодателните актове, допринася не само до несъобразяване с основните принципи на правото на Европейския съюз, но и препятства осъществяването на предвидените в Конституцията форми за отчетност и отговорност на съдиите, прокурорите и следователите чрез възможността да бъдат извършвани проверки for integrity and conflict of interest, as well as to realize disciplinary responsibility in the case of violations in their activity.

Therefore, the Union of Judges in Bulgaria calls for the initiation of procedures for the election of members of the Inspectorate of the Supreme Judicial Council, as well as for members of the Supreme Judicial Council, the election members of which a collective body has also expired. We also declare our willingness to discuss the possibility of seeing the European Union if it continues to neglect by the relevant national institutions of their obligations at the election of new members of the Supreme Judicial Council and the Inspectorate to it.