/ world today news/ If until the end of last week the reformers still managed to deceive someone that the so widely proclaimed “judicial reform” aims at an effective fight against corruption and crime, then in the future those who believe in this talk will hardly be able to find themselves outside directly interested candidates for office or the open lobbyists.
Against the background of the “fulcrums” that the “early-awake” presidential adviser, “grant” experts and (non)politicized judges have set out to spread and will continue to do so, there is hardly a sober-minded citizen, whether he is involved in jurisprudence or simply its a subject who does not understand the dangers that the so-called A bill to amend and supplement the Law on Judicial Power, reports in “Trud”.
If for the unsuccessful lawyer and long-time NGO activist – today the Minister of Justice – Hristo Ivanov, his ideas for changes in the judicial law can be seen as “the biggest judicial reform ever proposed”, then surely his proposals can be defined as the most the great attempt to push through entirely lobbyist legislation that has been made over the last nearly three decades. The attempts of the Minister of Justice, the several MPs supporting him from the DSB, the group of non-governmental organizations and the Union of Judges in Bulgaria to suggest that their ideas for “judicial reform” are irrevocable show how far they are from the real needs for radical changes in the judicial system . The denouncing of anyone who dares to give an objective analysis of the “judicial reform”, which has become a convenient political alibi for participation in power, is also a clear proof of its original goal – the control of the judicial power by those loyal to the Reform Bloc and lobbyist circles of magistrates.
The published ZSV EIA and the reasons for it are clearly intended to provoke a strong backlash. It is precisely because of this that there are frankly provocative texts in it. It is obvious that the authors want public attention to be focused precisely on them, so that they can push far more important and essential texts, with which the judiciary would literally collapse. With the announcement of the draft judicial law, it became clear why Minister Hristo Ivanov delayed its introduction for so long. Under other circumstances, the authors of this act could even be held responsible for such actions, but it is far more important that the myth of the reform be debunked in time, because it is a simple cover for pushing the most lobbyist legislation in the latest Bulgarian history. In fact, Monika Makovei herself said it, which Hristo Ivanov and Radan Kanev are waving as the banner of their judicial reform. “Changing the laws and the constitution slows down the fight against corruption. You don’t need the changes in the laws to investigate serious organized crime, you just have to do it,” said the former Romanian Minister of Justice a week ago in Sofia. Because of this statement, Ivanov and Kanev hastened to distance themselves from Makovey and probably even regretted that, albeit behind the scenes, it was they who organized her visit to Sofia.
And the fallacies that are offered to us by amending the Basic Law and the ZSV are many more, but three stand out significantly.
Misconception #1 – the new ZSV will ensure strong judicial self-governance
It is deeply wrong that the proposed texts will improve the work of Bulgarian judges. Just the opposite! The texts that Hristo Ivanov presents as his scientific work are actually the result of a long-term lobbying campaign by activists of the Union of Judges in Bulgaria, who aim to encapsulate the system and its internal mastery. The closeness of the prominent representatives of the SSB to the party of former Prime Minister Ivan Kostov, from whom even Radan Kanev awkwardly tries to distance himself, is no secret to anyone.
Misconception #2 – greater independence of the individual prosecutor
First of all, the proposed texts provide an extremely easy opportunity to put the prosecutors under constant corruption pressure. Second – it is not excluded that many constitutionalists would consider the ideas presented in this way to be in opposition to the principles enshrined in the Basic Law. And thirdly, the abolition of preliminary prosecutor’s checks will not only not lead to the provision of speedy justice, but the exact opposite. There is a serious danger of overburdening the magistracy and from there – of returning to the times when two, and sometimes three, four and even five years were almost never enough to complete a case.
The texts that the Ministry of Justice prepared for the “reform” of the prosecutor’s office undoubtedly need a separate analysis, and Hristo Ivanov’s desire to conceal their real authors is understandable. There are always two sides to the law. It is obvious that, in this part, the draft of the ZSV was written… by lawyers with solid interests.
By ignoring the obviously provocative texts, as if they were written precisely for his sake, the chief prosecutor Sotir Tsatsarov is obliged to do at least two things this time: to stake all his authority and categorically oppose the proposed changes, and to fulfill his guaranteed right, whatever still has to turn to the Constitutional Court, which would undoubtedly cool down the “reformist” drive to control the judicial power.
Misconception #3 – the division of the SJC into two panels and thorough inspections of the magistrates
The division of the SJC into two panels will do nothing to restore confidence in the judiciary. The specific texts dedicated to the SJC, considered together with the ideas of “encapsulating” the judges and “crushing” the prosecutors, can guarantee the return of the staffing of the “white tablecloths”, known from the time when the judiciary staffed magistrates close to then the ruling party – SDS.
The idea of vetting magistrates is increasingly becoming a populist attempt at intimidation. For the most part, these texts are “dead” even before they are proposed for debate, because it will hardly be in the power of the institutions that will check the magistrates and their families to establish the origin of paintings, jewelry and watches. What if there are paintings or clocks that have antique value or are family heirlooms for generations, but there is no documentation for them? Does this mean that this magistrate does not meet the high standards of morality and integrity?
At the same time, through the group of non-governmental organizations and the media financially dependent on foreign foundations, any magistrate who is uncomfortable or disagrees with the rules for managing the judiciary imposed by the Union of Judges in Bulgaria will easily be subject to a real “witch hunt”. . At the same time, with guaranteed anonymity of the sender of the denunciation. Hristo Ivanov suggests that magistrates should also be checked based on anonymous reports.
It would be nice, apart from the expected laudatory statements from the 14 NGOs, which Hristo Ivanov himself announced are behind the ideas to change the judicial law, in the coming weeks, with the necessary attention to the prepared amendments, the members of the government would also pay attention. Because the ZID of the ZSV in its form, written without knowing how many lobbyists pursuing political goals of judges, mastitis lawyers and NGO activists, should not be adopted at the level of the Council of Ministers.
It would be nice for Prime Minister Boyko Borisov to think about the fact that his public career began as a fighter against “crime”. It will be bad if he ends it by pushing through his signature a law that will destroy the judicial system and thereby destroy the little hope of justice that citizens hope to receive.
The existence of a lobbying law would undoubtedly be a serious obstacle to the introduction of legislation such as this, which has rightly been concealed for so long from exposure because of its unsustainability and the dangerous consequences it could have. History has repeatedly shown that there are thoughts and ideas that are better not to be implemented, no matter how much their authors convince us otherwise. Imagine if all the ideas of Hitler, Stalin or Kim Jong Un were or will be implemented… because of this – first lobbying law, then “judicial reform”.
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