© Lily Touchek
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The Chief Prosecutor of Bulgaria – regardless of who holds this position – has an unusually large number of powers in the judicial system, which are practically left without control. Despite some attempts at change in the last ten months, they have failed and the situation remains the same. The lack of judicial control over the prosecutor’s decisions to refuse to initiate an investigation is a matter of concern.
These are just some of the findings included in the annual Rule of Law Report for Bulgaria. The document was distributed today by the European Commission and contains the conclusions of the EU institutions, the Council of Europe, international and non-governmental organizations. It covers the period from the publication of the previous report (30 September 2020) to the end of April 2020, ie the last months of the life of the government of Boyko Borissov and the 44th National Assembly.
The document does not contain recommendations, nor is there a mechanism for any sanctions for gross violations. Its aim is to identify problems preventively and to start a more active dialogue on them in the country, as well as with European partners and institutions.
A significant part of the text is devoted to the independence, quality and efficiency of the administration of justice. The general impression is that there are some small steps, as well as an action plan from December 6, but there is no significant change.
Here is what the introductory part of the report says:
“Judicial reform in Bulgaria is a gradual process with important consequences for the independence of the judiciary and public confidence, but the challenges remain.
A new law on the chief prosecutor and his deputies has entered into force. At the same time, the law was challenged before the Constitutional Court, which declared it unconstitutional. As a result the challenge remains for the liability and criminal liability of the Prosecutor General.
The concern for the composition and functioning of the Supreme Judicial Council also remains. Reform on this issue was proposed in the draft new constitution, but was ultimately not adopted.
The Chief Inspector and the inspectors in the SJC Inspectorate continue to work, though their mandates expire in April 2020
The regime for professional promotion of magistrates causes concern, as the appointment of judges to higher positions is not carried out under the normal open competition procedure.
Despite legislative attempts, the digitization of justice still lagging behind.”
A good move for Bulgaria is the adoption by the government of an Action Plan, but the question is about the real capacity for its implementation, commented the European Commissioner for Justice Didier Reynders after a question from the BNT correspondent at a briefing in Brussels. According to him, the same goes for the anti-corruption framework and the reform of the way judges are appointed in different places in Bulgaria – something he has discussed with the Minister of Justice in Sofia. Resources must be invested in all this, he added.
The report cites as positive processes “significant progress in the efficiency of the administrative justice system” as well as “consolidating the implementation of institutional reforms in the fight against corruption” through new priorities and increased capacity outlined in the 2021-2027 strategy. and others.
However, it immediately follows that “significant challenges remain for the effectiveness of measures for the integrity of public administration, lobbying and protection of sources of corruption, where there are no necessary regulations. Despite increased activity in investigations and increased resources, the number of corruption cases remains low. high floors and a solid set of final convictions remains to be seen. “
Details coming later at www.dnevnik.bg.
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