In a written answer on 30 July 2026, the Council of the European Union declined to intervene in the termination of Bulgaria's national selection procedure for European Prosecutor candidates, stating that it is the responsibility of the EPPO selection panel to assess the withdrawal of nominations. The reply, addressed to a group of MEPs led by Adrián Vázquez Lázara, stresses that under Regulation (EU) 2017/1939, Member States are responsible for nominating three candidates, while the selection panel draws up a shortlist and provides a reasoned opinion, and the Council's role is limited to appointing one of the shortlisted candidates. The Council also noted that it cannot assess the effects of the situation on future procedures, as it does not answer hypothetical questions, and confirmed that the issue has not been discussed within the Council.
The parliamentary question, submitted by ten MEPs from the European People's Party and European Conservatives and Reformists groups, raised concerns about the interim Bulgarian government's decision to terminate a selection procedure that had been completed in 2025 by the former government. The procedure, which followed the same methodology as the 2020 selection process deemed compliant with EU standards, had advanced to the EU level with candidate interviews scheduled before the selection panel in April. The MEPs asked whether the termination was compatible with legal certainty, sincere cooperation, and the independence of the EPPO, and whether it could set a precedent for political changes undermining EU procedures.
The Council's answer, however, offers no concrete measures to ensure the continuity of the procedure, instead deferring entirely to the selection panel's operating rules, which are designed to ensure its independence and impartiality. This leaves the fate of the Bulgarian nominations in the hands of the panel, which must now decide how to handle the withdrawal. The reply does not address the MEPs' concerns about legal certainty or the potential precedent, nor does it signal any willingness to discuss the matter at the political level.
The response highlights a division between the MEPs' push for EU-level oversight and the Council's insistence on respecting the procedural roles set out in the EPPO Regulation. For the Bulgarian candidates, the lack of Council intervention means their prospects depend entirely on the selection panel's assessment. For the interim government, the answer provides no immediate legal challenge to its decision, though it does not endorse the termination either. The selection panel's eventual ruling will be closely watched, as it could clarify the limits of national discretion in EPPO nomination procedures. The Council's refusal to engage with the hypothetical questions also leaves open the broader question of how the EU would respond to similar situations in the future.