site.btaEuropean Commission Takes Positive View of Idea that EU Experts Help Bulgaria to Reform its Judiciary

European Commission Takes Positive View of Idea that EU Experts Help Bulgaria to Reform its Judiciary

Brussels, January 25 (BTA Correspondent Nikolay Jeliazkov) - The European Commission takes a positive view of the idea that EU experts assist Bulgaria in its judicial reform, according to the draft of a report from the Commission assessing progress under the Cooperation and Verification Mechanism (CVM) in judicial reform, the fight against corruption, and the fight against organised crime. The final version of the report will be released on Wednesday.

The Commission points out that many of the recommendations in the 2015 CVM report remain valid. The strategies on the judicial reform and on the fight against corruption (described as "a detailed blueprint for action"), as well the amendments to the Constitution, adopted in 2015, are seen as "important steps to put reform back on the agenda, following a period in which political instability appeared to be stalling progress."

"But it is clear that the translation of these strategies into concrete and tangible progress will be a major challenge for 2016," the draft reads.

The report acknowledges the Bulgarian Government's initiatives to crack down on corruption in the administration and the steps taken to improve the credibility around the random case allocation system. The Commission would like to see a capacity established with the Supreme Judicial Council (SJC) and its Inspectorate to monitor the application and security of the new system for the random allocation of cases in courts. "These institutions must be transparent about the outcome of inspections and the follow-up to problems identified," the text says.

The European Commission notes that while the constitutional amendments included some significant changes from the text originally proposed, "their adoption still represents an important step towards a reform of the SJC." The Commission expects this to be followed up, so that the full range of changes contained in the judicial reform strategy become law, and that the National Assembly will adopt the anti-corruption strategy.

"The slow progress in high-level corruption or organised crime cases and the uncertain reaction and follow-up to specific controversies such as the one surrounding the Sofia City Court in 2014 continues to erode the public confidence in the ability of the Bulgarian authorities to deliver justice," the draft reads.

"In regard to judicial independence, it has been encouraging to see Bulgarian judges speaking out in public to support the reform of the judiciary," the Commission notes, seeing that as "a healthy sign of a new more confident culture developing among Bulgarian magistrates". The report finds "some concrete elements of progress" that have been achieved in the management of the judiciary, with the start of changes at the SJC and at the Inspectorate with the Council. The report recommends an overall analysis of workload in courts so as to improve overall quality and efficiency, including the reallocation of resources where appropriate. The Commission expects a clear timetable to be established for the implementation of e-justice, and a practice to be developed of motivating disciplinary decisions in accordance with clear and objective standards and principles.

The Commission sees a need to take measures against high-level corruption, corruption in the state administration, and low-level corruption at the Interior Ministry.

"Bulgaria still needs to establish a solid track record on securing final conviction in court in relation to serious organised crime cases," the draft reads. It recommends monitoring the progress of criminal cases involving serious organised crime, including the pre-trial and trial phase, as well as enforcement of sentences and implementing measures to address the problems identified.

The SJC should develop "a track record of transparent and consistent decision-making with regard to appointment decisions, applying clear standards of merit and integrity, while making such decisions in a timely manner," the report recommends. "The long-standing recommendation for a modernisation of the Bulgarian criminal codes also remains relevant," the Commission notes, referring to the Penal Code and the Criminal Procedure Code. It recommends amending the law on criminal asset forfeiture "to allow the asset forfeiture commission to work effectively." The draft sees a need of a continued reform of the prosecution office, recommending more accountability of the Prosecutor General and criticizing the lack of comprehensive investigations and sufficient accountability of individual prosecutors. According to the European Commission, the Specialized Court and the Specialized Prosecution Office already show results, but more convictions are needed.