Administrative Court – Silistra: Explanation of the removal of a judge from a case

We received a position on a QUORUM publication, which we publish without editorial intervention:

“Administrative Court – Silistra informs that the title of the article “Judge in Silistra removed from case due to suspicions of bias” published in Quorum Silistra on 04/19/2024 creates wrong impressions about actions taken regarding the judge.

The subject of the judicial act commented on in the publication is the self-recusal of the judge-reporter, who, in the event that the case is considered by a three-member panel, as is the case, and in accordance with Art. 31, para. 4 of the Civil Code in connection with Art. 84 of the ZANN, requires an immediate ruling in a secret meeting by all members of the panel. By means of the institution of self-recusal, the aim is to ensure the consideration of the case by an unbiased panel. The appeal can be on the initiative of the court or the parties to the case. In this case, the court recused itself from considering the case, so as not to raise suspicions of bias.

The publication contains yet another factual inaccuracy. The husband of the judge-reporter is not a lawyer in the case of the sanctioned person, as indicated, and there are business relations between them of a different nature.

The recusal is entered in a timely manner in the Electronic Public Registry of Recusals, where a reference can be made for all recusals and self-recusals of the courts in the country”.