The Prosecutor's Office Through the Prism of the Constitutional Dabates in 1991 Cover Image
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Прокуратурата през призмата на конституционните дебати през 1991 година
The Prosecutor's Office Through the Prism of the Constitutional Dabates in 1991

Author(s): Deyana Marcheva
Subject(s): Law, Constitution, Jurisprudence, History of Law, Constitutional Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: constitution; judiciary; prosecutor’s office; Prosecutor General; constitutional debates; constitution-making; deliberation; Constitutional court

Summary/Abstract: In the recent years the issue of the role and place of prosecutor’s office and the Prosecutor Gen-eral in Bulgaria comes to the fore in the jurisprudence of the Constitutional court. The article analyzes how this issue was set in the constitutional debates in 1991. The records tell us that the fundamental principle of independence of judiciary was indisputable but its structure and func-tions were left to be drawn up almost only on the level of expert committee, lacking any authen-tic political deliberation in the decision-making. Long before any arguments as to where the prosecutor’s office should be placed in the new constitutional configuration have been weighed, the Constitutional committee starts to work on the so-called project of experts, who are not members of parliament. The leading figures in the debates decided to rely on the well-known model of the preceding socialist constitutions where the court and prosecutor’s office were in-stalled in the same division of the constitution. This is one of the explanations why the place of the prosecutor’s office in the judiciary turns out to be predetermined.

  • Issue Year: 2022
  • Issue No: 2
  • Page Range: 7-22
  • Page Count: 16
  • Language: Bulgarian