site.btaDemocratic Bulgaria Table Draft Amendments to Constitution, Election Code

Sofia, April 15 (BTA) - The Democratic Bulgaria parliamentary
group has tabled a draft Act to Amend and Supplement the
Constitution and a draft Act to Amend and Supplement the
Election Code, the Association said in a press release on
Thursday. Most of the proposed constitutional revisions are
intended to carry out a radical judicial reform which they say
aims to ensure independent and fair administration of justice.

Under the first draft, the minister of justice or one-fifth of
the MPs would be competent to propose a procedure for the
removal from office of the prosecutor general. If supported by
at least 140 MPs, the case would be referred to the
Constitutional Court or the President for a final decision.

Under the effective legislation, the Prosecutor General is
removed by the President on a proposal by the plenum of the
Supreme Judicial Council.

According to Democratic Bulgaria, the powers of the prosecution
service must be limited to criminal procedure and it must no
longer exercise general supervision as to legality over the acts
 and actions of state bodies.

The coalition proposes that the prosecutor general be nominated
by the minister of justice and be elected by Parliament by a
three-fifth majority (i.e. 144 votes), and that his or her term
in office be reduced from seven years now to five years. At
present, the prosecutor general is elected by the Supreme
Judicial Council plenum and is appointed by the President of the
 Republic.

Career and disciplining powers in the prosecution service would
be vested in a Prosecutors Council of 11 members, of whom 5
would be elected by Parliament.

Under the draft, the Supreme Judicial Council (SJC) should be
limited to the administration and human resource management of
judges. The complement of the Council should be reduced from 25
members now to 15, of whom one-third (5) would be elected by
Parliament (down from 11 now), 8 members would be elected
directly by judges, while the presidents of the Supreme Court of
 Cassation and the Supreme Administrative Court would again be
members by right. The two supreme court presidents would be
removed from office by the Constitutional Court on a motion by a
 two-thirds majority of the SJC members. The idea is to prevent
politically motivated dismissal initiatives. Democratic Bulgaria
 argue that the present 11-member "political quota" in the SJC
is disproportionately large and is practically preponderant
because it works together with the prosecutor general, who is a
member by right.

Other constitutional amendments, proposed by the coalition,
would empower lower-instance courts to approach directly the
Constitutional Court, would allow citizens to lodge individual
constitutional complaints with the Constitutional Court, and
would oblige Parliament to debate and pass draft legislation
initiated by 10,000 citizens.

The bill has been signed by all 27 members of the parliamentary
group, and they keep gathering signatures so as to have it
backed by at least 60 MPs, needed for the legislature to
consider it.

Democratic Bulgaria also proposes "consistent lustration"
through constitutional and legislative revisions: persons who
have been affiliated with the communist-era security services or
 who have held high-level jobs in the communist party would be
disqualified from taking senior positions in national security,
defence, home affairs and justice for ten years (until 2030).
Candidates for senior public office in national security and/or
defence, justice, the Constitutional Court, and independent
control and regulatory authorities would be vetted for integrity
 and loyalty to democratic values and principles.

In their draft revisions to the Election Code, the coalition
proposes the election of a new Central Election Commission, the
introduction of postal voting, scrapping the limit of 35 voting
sections in non-EU countries, the establishment of a separate
constituency for expat voters, and video streaming of vote
counting after the end of polling day.

Democratic Bulgaria said it would table later on Thursday a
package of bills concerning e-government, the closure of
specialized courts and prosecution offices, and transformation
of the Counter-corruption and Unlawfully Acquired Assets
Forfeiture Commission, the Alliance said. NV/LG