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SAC election fails again
14:00 Thu 16 Oct 2003 - Christina Dimitrova
 
NEW JUDGES: Earlier this week four new members of the Constitutional Court<br> were sworn in. Vladislav Slavov, from left, was elected by the Supreme Judicial Council,<br> Emilia Drumeva and Maria Pavlova were elected by Parliament and Evgenii Tachev was<br> appointed by President Georgi Purvanov who also attended the ceremony in the building of<br> the Constitutional Court.
NEW JUDGES: Earlier this week four new members of the Constitutional Court
were sworn in. Vladislav Slavov, from left, was elected by the Supreme Judicial Council,
Emilia Drumeva and Maria Pavlova were elected by Parliament and Evgenii Tachev was
appointed by President Georgi Purvanov who also attended the ceremony in the building of
the Constitutional Court.
THE Supreme Judicial Council (SJC) this week failed for the second time in recent weeks to elect a new chairperson of the Supreme Administrative Court (SAC).

Neither of the two candidates managed to gather the 17 votes necessary. According to recent amendments to the Judiciary Act, the chairperson of the SAC must be elected with a qualified majority, meaning 17 votes out of 25.

The former head of the SAC, Vladislav Slavov, resigned from the position a few months ago because he was appointed a judge in the Constitutional Court.

This week the deputy chair of the SAC, Svetla Petkova got 15 votes, while the other candidate - the MP from the left-wing Coalition for Bulgaria Alexander Arabadjiev - seven.

The other two nominees, the chair of the Varna appellate court Bojidar Manev and a judge from the Plovdiv appellate court, Stanko Kidikov, asked to be removed from the list of candidates.

After the end of the vote the chair of the SJC, as well as Minister of Justice Anton Stan-kov and most of the members of the council, refused to comment.

The term of office of the current council runs out on December 10 this year.

"Soon a new council will be elected, then in five years another one, I guess till then they will manage to elect a new chairperson of the SAC," said the head of the Supreme Cassation Court (SCC) Ivan Grigorov.

According to Petkova, however, it would be more appropriate that Parliament makes new amendments to the Judiciary Act, according to which a simple majority would be sufficient for the election of a new chair of the SAC.

Stankov, however, said that the 15 votes Petkova got was proof that the introduction of the qualified majority was not groundless. According to him, the qualified majority would be introduced into other election procedures as well.

The head of the Sofia City Court and member of the SJC, Nelly Kutskova said that generally the attaining of a qualified majority was a difficult task.

According to speculation in the Bulgarian-language media, by introducing the qualified majority, MPs were trying to ensure the electing of an SAc chairperson loyal to Parliament and the Government, to control the decisions of the court.

The task of the SAC in the judiciary system is to control all administrative acts in the country.

So far the SAC has a history of often ruling against administrative acts and decisions of the Government.

 
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