site.btaConstitutional Revisions Split Supreme Judicial Council into Judges' and Prosecutors' College

Constitutional Revisions Split Supreme Judicial Council into Judges' and Prosecutors' College

Sofia, December 9 (BTA) - In a second of three readings, Bulgaria's Parliament Wednesday revised the Constitution, dividing the Supreme Judicial Council (SJC) into two colleges: of judges and of prosecutors/investigating magistrates. This is one of the key elements of a judicial reform package proposed by the team of Justice Minister Hristo Ivanov.

The division of the SJC was approved by 196 votes from GERB, the Reformist Bloc, the Movement for Rights and Freedoms (MRF), the Patriotic Front, ABV and Ataka. Only the Socialists voted against.

It division was one of the "easy" constitutional revisions, as the formation of the two colleges apparently enlisted broad support in the legislature.

The true bone of contention was the distribution of the members of the two colleges elected by Parliament and by the respective professional sector.

Grozdan Karadjov MP of the Reformist Bloc's Democrats for Strong Bulgaria which has been the staunchest advocate of the judicial reform, said earlier on Wednesday that they would no longer have a reason to be part of the government coalition unless the constitutional amendments are adopted as originally proposed and voted through at first reading.

According to that initial version, Parliament would elect six of the members of the 12-member prosecutors' college and five members of the judges' college. The argument for this slight prevalence of the professional nominees in the judges' college and if the political nominees in the prosecutors' college would enhance the accountability of prosecutors and the independence of judges.

The motion that was put to the vote on Wednesday is for an 11-member prosecutors' college, of whom five rather than six will be elected by Parliament. In the same revised version, the judges' college will consist of 14 members, including six elected by judges and six by Parliament.

The remaining three members of the 25-member SJC sit there by right: the presidents of the two supreme courts (in the judges' college) and the Prosecutor General (in the prosecutors' college).

The quota distribution for both colleges was supported by 204 MPs from all groups except the Reformist Bloc and three independents.

They also voted that the judges' college be presided by the President of the Supreme Court of Cassation and the prosecutors' college by the Prosecutor General.

In a comment for the press, ABV leader Georgi Purvanov said the approved manner of division of the quotas in the two SJC colleges, which were submitted by his party, as a success for ABV and for an inclusive political culture which involves both majority and opposition in law-making. At a special news conference, he said that the adoption of the ABV proposal was "an act of common sense, wizdom and responsibility".

According to the amendment adopted on Wednesday, judges, prosecutors and investigating magistrates will be appointed, promoted, demoted, transferred and dismissed by the competent college of the SJC.

One change that the MPs approved on Wednesday is that the SJC members of the parliamentary quota must be elected by a two-thirds majority. "This means that no single party or coalition will be able to force its choice of a SJC member on the others," reasoned DImiter Lazarov MP of GERB.

BSP-Left Bulgaria opposed the formation of two colleges. MP Filip Popov argued that it will result in encapsulation of the two professional communities (judges and prosecutors) rather than address the problems of the judiciary.

Radan Kanev MP of the Reformist Bloc said that one of the key reasons for insisting on splitting the SJC into two is the efforts to fight corruption. "The division gives responsibilities, freedom and independence to both prosecutors and investigating magistrates and dramatically improves the chances of probing judges for corruption," he argued.

The Prosecutor General's accountability

The MPs rejected a motion empowering Parliament to require from the Prosecutor General to submit reports on the performance of the prosecuting magistracy in enforcing the law, combating crime and implementing the State penal policy. After a second vote, the legislature approved a revised version of the amendment (moved by the MRF) stating that Parliament "may hear" reports by the Prosecutor General in addition to the annual report he is required to submit to the legislature.

The MRF argued that if deeper reforms are sought which, under the Constitution lie within the exclusive competence of a Grand National Assembly, Parliament should first make arrangements for the convocation of a Grand National Assembly that would sit briefly and vote a law liquidating itself after delegating all of its powers to the ordinary National Assembly.

Open voting option for SJC

Parliament voted to scrap a revision in the Constitution saying that the SJC makes its decisions for the appointment, promotion, demotion, transfer and discharge of judges, prosecutors and investigators by a secret ballot. The revision was backed by 190 MPs with 27 voting against and one abstaining. This practically introduced an option for the SJC to vote on its decisions by an open ballot.

A proposal by the Reformist Bloc to make all voting by an open ballot, was voted down.

The MPs resolved that in addition to checking on the work of the judicial bodies, the SJC Inspectorates will also carry out integrity and conflict-of-interest checks for judges, prosecutors and investigators, will examine their property declarations and look out for actions which undermine the image of the judiciary.

The Socialists were opposed to this change and argued that it will result in the creation of "a judicial inquisition".

The adopted revisions also allow the Supreme Bar Council to ask the Constitutional Court to establish the anti-constitutionality of a law which violates people's rights and liberties.

The Transitional and Final Provisions of the bill of constitutional amendments says that the present SJC members will serve out their mandate.

All constitutional changes will be put to one last - third vote - by a roll-call.

Before the second-reading adoption of the constitutional changes was over, an event was started in Facebook gathering supporters for a protest outside the Parliament building against the boycotting of genuine reforms of the judiciary. The protest is scheduled for 18:30 hrs on Wednesday under the motto "Light a Candle for the Judicial Reform!".