Supreme Administrative Court upholds Emilia Rusinova's appointment as Sofia city prosecutor

The Supreme Administrative Court (VAS) rejected a complaint filed by investigator Boyko Atanasov against the appointment of Emilia Rusinova as the city prosecutor of Sofia. The appointment, made by the Prosecutor's College of the High Judicial Council on 18 February 2026, was found lawful because Rusinova had no disciplinary punishments in force at the time of selection. VAS emphasized that the legality of an administrative act is assessed based on the circumstances existing when the act was issued. A separate disciplinary proceeding has been opened to examine alleged violations, but the court stated that this proceeding does not affect the validity of the appointment. An accompanying judicial opinion argued that the appointment may be materially unlawful under EU law, citing the appointing body's expired mandate and potential breaches of EU independence requirements. Consequently, the decision to name Rusinova as Sofia’s city prosecutor remains in force, though she has not yet taken office pending the outcome of the disciplinary case.