site.btaYet Another EC Report Urges Bulgaria to Move from Strategies to Tangible Steps for Reforming Judiciary

Yet Another EC Report Urges Bulgaria to Move from Strategies to Tangible Steps for Reforming Judiciary

Brussels/Sofia, January 27 (BTA) - The European Commission issued Wednesday its latest report on Bulgaria's progress in reforming its judiciary and fighting corruption and organized crime. The Commission experts conclude that the slow progress in dealing with high-level corruption and organized crime cases continues to erode public confidence in the ability of the Bulgarian authorities to deliver justice.

A draft of the report has already become available to the Bulgarian people earlier in the week and they have been prepared for the conclusions in it. The Wednesday response by the Bulgarian government was that the report presents an objective
picture of the ongoing reforms.

First Vice-President Timmermans is quoted as saying in Brussels that after some important steps taken last year to put reform back onto the agenda, now it is time for Bulgaria "to move to the next stage by turning the strategies on judicial reform and
the fight against corruption into action on the ground and delivering concrete results".

The Commission welcomes Bulgaria's wish to draw on further technical assistance and expertise to support the reform process, said Timmermans adding that the Commission has put in place the necessary means. "2016 must be the year when
Bulgarians feel progress on the ground. Seeing real results in tackling high level corruption and organized crime cases remains Bulgaria's biggest challenge and must be the highest priority."

Among the 2015 accomplishments mentioned in the report is the adoption of two national strategies on judicial reform and the fight against corruption, as well as the amendment of the Constitution to pave the way to further judicial reforms even
though the amendments included some significant changes from the text originally proposed.

"Other initiatives have faced setbacks, most notably the anti-corruption strategy," the report says. "Although the government has announced its intention to resubmit an amended proposal, the rejection underlined a lack of political consensus behind the reform process."

The report speaks of "uncertain reaction and follow-up" to controversies such as the Sofia City Court case which shook the judiciary in 2014.

"The fact that many of the recommendations in the 2015 CVM report still require action underlines a lack of determination in the efforts of the Bulgarian institutions in key areas of judicial governance," the Commission says.

The Commission believes that the monitoring process of the CVM, the opportunities provided by EU funds and the constructive engagement of the Commission and many Member States continue to provide valuable support to Bulgaria's reform efforts.

An official Commisison representative who asked not to be named, told the press in Brussels that an assessment of the ten-year period of operation of the CVM can be expected next year. This source would not agree to opinions that the monitoring mechanism has not produced any results, and said a decision about what the next steps might be is likely next year.

According to the source, Commission President Jean-Claude Juncker has expressed expectation that the monitoring process might be closed by the end of the term of his Commission in 2019.

The source also said that the monitoring of Bulgaria and Romania has a common legal basis and any talk of splitting up the two countries is totally ungrounded. 

Sofia: An objective assessment

The Bulgarian government said it reads the report as an objective assessment of the reform in the judiciary and the fight against graft and organized crime. "There are clear
signals in it that further steps are needed to make progress," Deputy Prime Minister Meglena Kuneva commented for the press.

She met journalist to comment the report together with Interior Minister Roumyana Buchvarova, Justice Minister Ekaterina Zaharieva and Deputy Prime Minister Tomislav Donchev.

"2016 will be the year when Bulgarians will feel tangible progress in the monitored areas," said also Kuneva. She added that much of the criticism is for the Supreme Judicial Council and that the government will go ahead with its legislative
initiatives.

Justice Minister Zaharieva said that it is high time Bulgarians stopped seeing the report as finger-waving by Brussels. "There is a will for change and a plan of action," she said adding that the action plan will be made public January 29 during a meeting of the judicial reform board.

She agrees that the key recommendations concern the SJC and have to with the disciplinary proceedings, the assessment of magistrates' performance, appointments in the judiciary and the ethical standards. "These recommendations will be reckoned with when the Judiciary Act is amended."

Interior Minister Buchvarova noted that this edition of the report speaks much less about the efforts to fight orgnized crime than previous reports did. It makes the important conclusion that acts of organized crime are far fewer than they
were several years ago, she added.

Asked about likely report-related protests on Thursday, the Interior Minister said that they have such information and that "the process is being monitored because it is organized by groups without clear political representation". Law-enforcers will make sure public order be not disturbed while people's right to express their position is not
curtailed.

Various news media reported that unidentified groups are organizing a protest outside the Parliament building on January 28 against the legislature and the government. According to some reports, among the organizers are the people who were behind
the 2013 protests against the high prices of electricity which brought about the collapse of the first government of Boyko Borissov.

Prosecutors: Dialogue and cooperation among the state institutions are needed

The leadership of the Bulgarian procution magistracy believes that the report supports the efforts of the Bulgarian authorities in the areas monitored by the EC and has a strong message about much needed dialogue and cooperation among the state institutions.

It says in a statement that any suggestions about recommended external expertise and monitoring of the prosecution magistracy are ungrounded and downplay the professional efforts and dignity of prosecutors and investigators.

Referring to recommendations in the report, the prosecutution magistracy will examine promptly cases where inefficient investigastion has resulted in Bulgaria being sentenced by the European Court of Human Rights, will overhaul the work of the
specialized prosecution office, will expand its analysis of corruption cases, including cases on fraud effecting the financial interests of the EU.

According to the prosecution magistracy, using the report findings for personal attacks and institutional division is destructive.

Kristalina Georgieva: EC ready to provide experts for reforms        

In a statement shortly after the release of the report, European Commission Vice President Kristalina Georgieva said that since the CVM is mostly about cooperation, the Commission is ready to make available experts to help Bulgaria do its job faster and more successfully. The good thing is that clear signals are coming from Sofia that such assistance will be welcome, she said. 

Socialist leader Mihail Mikov said that the report is a harsh assessment  of what has been achieved by the government in the field of home affairs and the fight against corruption. Mikov added that the responsibility falls on the government which is
the principal initiator of legislation. Mikov said that the whole  government stood behind the policy of former Justice Minister  Hristo Ivanov.

The Socialist leader urged a thorough analysis of EC's Cooperation and  Verification Mechanism as it is often used for political  purposes. He said that many of the arguments in the report are copied from the press, which shows ignorance of the
processes in the judiciary.

He also said that the expert recommendations often lack consistency from one report to another. He mentioned as an example the idea for a permanent SJC.

***

BTA's Brussels correspondent Nickolay Jeliazkov has contributed to this report.