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The new GERB bill to investigate the attorney general is unconstitutional, will inevitably be referred to the Constitutional Court and will inevitably be repealed. This was said on behalf of Dnevnik by lawyer Mihail Ekimdzhiev on the occasion of the ruling party’s legal ideas, presented today by Deputies Desislava Atanasova and Krassimir Tsipov.
His next idea is for the prosecution to appoint a prosecutor who for 7 years has nothing to do but investigate his boss, and that his actions are not subject to the control of the attorney general and are not methodically supervised and guided.
According to a well-known lawyer, there is no way to circumvent the power of the chief prosecutor over a prosecutor who is constitutionally and methodologically subordinate to him, and this cannot be reversed by a provision of the Criminal Procedure Code (CPC). And even if your work is not directly affected, it can, for example, be moved to a remote location. In other words, the investigating prosecutor cannot be independent. The Venice Commission has repeatedly stated that the chief investigating prosecutor should not be chosen by prosecutors.
According to Mihail Ekimdzhiev, it is outrageous that the ruling party insistently requests the same from the Venice Commission, that it receives the same clear answers and does not comply with them. He called the behavior of the majority in the National Assembly arrogant and Baiganian and opined that the commission should toughen its tone, as the GERB intends to submit this unprofessional bill, the work of legal and primitive primates, for analysis. .
“These people are not exposing themselves, but exposing the Bulgarian state,” said the lawyer, noting that as a Bulgarian citizen he is ashamed of this behavior of our authorities. “They are abusing their own legal illiteracy. As the prime minister said in that recorded conversation that was leaked to the public, who likes to pretend to be European leaders and his number passes, now he is apparently trying to get the same number in the Venice Commission . ,, regardless of the shame of the state, of the Bulgarian citizens. Because this behavior of our statesmen builds a general image of our people. “
“For at least the third time, they are asking the Venice Commission the same question, getting the same response and doing the exact opposite. This is an abuse and an insult to the authority of this commission, which includes the most learned constitutionalists. of the Council of Europe “. said the lawyer.
According to him, as the GERB “trick” with the constitution obviously happened, as the ruling party bought time and managed to deceive some people and turn off the energy of the protests, now they are trying again, this time with the PPC.
“However, the protests were successful: the chief prosecutor no longer publishes transcripts of conversations recorded with special intelligence tools. There is a practical result of the protests: we re-educate and impede Geshev,” lawyer Ekimdzhiev said.