According to Article 99, paragraph 5 of the Constitution of the Republic of Bulgaria and Article 14, paragraph 1 of the Ombudsman Act, the Ombudsman and Deputy Ombudsman can be appointed as caretaker Prime Minister.

The SCA notes that the Paris Principles require an NHRI to be independent from government in its structure, composition, decision-making, and method of operation. The avoidance of perceived conflicts of interest protects the reputation, and the real and perceived independence of an NHRI.

The SCA is of the view that a provision in law provides that the Ombudsman or Deputy Ombudsman can become caretaker Prime Minister may impact on the real or perceived independence of an NHRI.

The SCA recommends that the Ombudsman continue to advocate for amendments to Article 99, paragraph 5 of the Constitution of the Republic of Bulgaria and Article 14, paragraph 1 of the Ombudsman Act, to remove the provision by which the Ombudsman and Deputy Ombudsman can be appointed caretaker Prime Minister.

The SCA refers to Paris Principle B.1 and its General Observation 1.1 on ‘The establishment of NHRIs’.