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The Constitutional Court stated: No prosecutor is prevented from investigating the Prosecutor General


According to the Constitutional Court, there is no constitutional impediment for the chief prosecutor to be investigated by any prosecutor. The decision of the judges on the Council of Ministers’ request from the end of last year was taken unanimously.


The question came after another report by the European Commission on Democracy through Law to the Council of Europe, known as the Venice Commission which urged for constitutional reforms to eliminate the Prosecutor General's inviolability.

 

The text on which the constitutional judges were contemplating was whether it is possible for a Prosecutor General’s subordinate to investigate him independently given that "the chief prosecutor supervises the legality and methodological guidance of the activities of all prosecutors". "Yes" is the unanimous answer of the court because it abides with the fundamental legal principle that "no one can be a judge of themselves."

 

According to constitutionalists, however, the fact that the court accepts that any ordinary prosecutor can investigate the chief one does not answer the question of whether this is practically possible, due to the hierarchical structure of the state prosecution.

According to another decision from today the Constitutional Court rejected the request of President Rumen Radev, by 9 to 3 votes, to declare unconstitutional some texts of the Health Act, related to the introduction of the Corona emergency situation.

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