site.btaCivil Procedure Code Amendments Proposed by Ombudsman Approved Provisionally at Committee Level

Sofia, July 6 (BTA) - The Legal Affairs Committee in the National Assembly voted unanimously on Wednesday evening to approve on first reading amendments to the Civil Procedure Code proposed by National Ombudsman Maya Manolova and civic organizations. The changes are aimed to limit the powers of private enforcement agents, banks and public utility monopolies, the Ombudsman's office reported.

A total of four bills, moved respectively by BSP For Bulgaria, Volya, GERB and the United Patriots, passed in one go in the committee by a vote of 20-0. The bills seek to introduce the changes proposed by Manolova, each in its own way, according to the Ombudsman's office.

Manolova thanked the committee, but noted that the amendments should not be rushed through. She suggested that the revisions should become a subject for a detailed "conceptual and scientific examination" in early October. She called for better regulation of the procedure for summoning bank and public utility debtors to court. "An individual cannot be sued without knowing about it," Manolova argued. "Debtors should be allowed to pay their dues before any court action is taken. The enforcement method should be proportionate to the amount of the debt. Immovable property appraisals should be made appealable."

Manolova told the committee about an April judgment by the European Court of Human Rights concerning a case in Slovenia in which a debtor who owed a mere 150 euro had his home forcibly sold for half its market price, and eventually Slovenia was sentenced to pay a penalty of 85,000 euro. Selling property at a knock-out price runs counter to a provision in Protocol 1 to the European Convention on Human Rights, the Ombudsman said.

She noted: "If you make these changes, the effect will be quick, immediate, it will be tangible, and it will be lauded by all Bulgarian citizens." She thanked the committee members for the will which they demonstrated.

On Thursday, Prime Minister Boyko Borissov fully supported the bills carrying the Ombudsman's proposals which are aimed to abolish what is called "modern slavery" and limit the powers of private enforcement agents, the government press service reported. Meeting in the Council of Ministers offices, Borissov and Manolova concurred on the need for additional legislative measures to protect the social and labour rights of working people and to place them on an equal footing with private enforcement agents, banks and public utility monopolies during civil litigation.

The idea is that the proposals should become a legislative fact by the end of September, the government press service said.

Manolova described as "relevant and timely" the efforts of the Prime Minister and his government for a radical reform in how the public administration treats individuals and businesses. The Ombudsman expressed her willingness to assist the process within her powers, so that citizens no longer feel humiliated when using administrative services.