site.btaEuropean Commission Optimistic About Closing Monitoring Mechanism by Its Term's End, Tells Sofia Benchmarks Need to Be Fulfilled before That

European Commission Optimistic About Closing Monitoring Mechanism by Its Term's End, Tells Sofia Benchmarks Need to Be Fulfilled before That

Brussels, January 25 (BTA) - The European Commission released Wednesday its latest report in the context of the Cooperation and Verification Mechanism (CVM) applied to Bulgaria and outlined the conditions for ending the CVM. Acknowledging the progress that has been made during the past ten years and in the months after the previous report in 2016, the Commission says that at this stage it cannot yet conclude that the benchmarks set are satisfactorily fulfilled. It, however, remains optimistic that the goals can be achieved and CVM closed before the end of the mandate of this European Commission.

Speaking to Bulgarian reporters in Brussels, EC First Vice-President Frans Timmermans expressed certainty that the CVM benchmarks can be fulfilled by the end of the mandate of this Commission. "It can be done. It needs to be done. We need to make sure that all of these changes are irreversible so that the citizens of Romania and Bulgaria can count on the fact that their justice system does exactly what needs to be done in a modern European country."

He said his confidence and optimism that the CVM goals will be attained, is  based on ten years of experience. "The government of Bulgaria has performed admirably in the last couple of years. If we continue that process in the same speed, I am sure we can accomplish what we need to do," he said.

He also said the accomplishments made so far "are quite remarkable". "If the speed and intensity of the work that has been going for the last couple of years is maintained, it is feasible to attain the goals set".

He would not commit to any deadlines. "I am not talking months and years. I am saying that when the work is done, we can finish thias process before the end of this Commission's mandate," said Timmermans.

The report says that, more generally, over the past ten years, overall progress has not been as fast as hoped for and a number of significant challenges remain to be addressed. The new government will need to drive reform forward to secure irreversible results, the report goes.

The European Commission also makes an observation about the low level of independence of news media in Bulgaria. "Bulgarian media environment is often characterised by low independence and ineffective enforcement of journalistic standards, which has a negative influence on public debate on reforms. While these issues are outside the CVM remit, they have a direct bearing on the ability to deliver reform and have made it more difficult for Bulgaria to make progress."

The Commission reiterates its position that the CVM should not be linked to decisions in other areas, such as eligibility for European Structural and Investment Funds or the access to the Schengen area.

Following are the report highlights and recommendations:

The past ten years have seen important legislative and institutional developments, notably on the judicial side. However, effective progress in carrying this through to a track record has been slower than expected when the CVM was launched, with cases of reluctance to follow up on CVM recommendations for the institutions to work together to identify common shortcomings and apply common solutions.

Judicial reform

Looking at the progress made in reaching the first benchmark (Independence and accountability of the judiciary), the report notes that the Supreme Judicial Council (SJC) is the key institution governing the Bulgarian judiciary and concrete results in terms of judicial reform rest heavily on a well-functioning SJC. The series of controversies and infighting that have marred the SJC over the past years have fuelled suspicion of external influence and affected public confidence in the judiciary. Therefore, one of the most significant tests for 2017 will be the election of the new Council.

The EC recommendation here is for Bulgaria to ensure a transparent election for the future SJC, with a public hearing in the National Assembly before the election of the members of the parliamentary quota, and giving civil society the possibility to make observations on the candidates.

Another recommendation is for Bulgaria to establish a track record of transparent and merit-based appointments to high-level judicial posts, including the upcoming appointment of a new President of the Supreme Administrative Court.

The report says that the potential of the Inspectorate of the Supreme Judicial Council (ISJC) has not been used to the full, and recommends improvement of the practical functioning of the ISJC and the follow-up by the SJC to the inspectorate's findings, in particular on integrity issues, consider soliciting external assistance, for example from the EC's Structural Reform Support Service (SRSS) and/or Council of Europe.

The legal framework

The report recommends adoption of amendments to the Criminal Procedure Code and the Criminal Code to improve the legal framework for the prosecution of high-level corruption and serious organised crime.

Concerning Benchmark 3 (continued reform of the judiciary), the Commission recommends that a report be published for public consultation detailing the progress made implementing the national judicial reform strategy and setting out the remaining steps to be taken. It also recommends establishing a mechanism for continued public reporting of progress for the remaining duration of the strategy's implementation.

A further recommendation is for addressing the workload situation in the busiest courts based on the new workload standards, and agree a roadmap for the reform of the judicial map in parallel with the development of e-justice.

The European Commission recommends that the Prosecution Service establish a roadmap for the implementation of  recommendations made by the Structural Reform Support Service following a technical mission to Bulgaria and concerning the reform of the Prosecutor's Office and its interactions with other institutions, including a mechanism for the reporting of progress to the wider public.

The Prosecution Service is also asked to establish a roadmap for the implementation of the recommendations of a study commissioned by the Prosecutor General on European Court of Human Rights judgements finding that Bulgarian authorities had failed to comply with their obligation to carry out an effective investigation.

Fighting corruption 

Taking stock of the progress in counter-corruption combat (benchmarks 4 and 5), the report says that the development by the government of an updated national strategy for the fight against corruption was an important step, but the challenge remains to ensure its implementation, to adopt the necessary legal framework and to set up the envisaged institutions. A year on from the January 2016 report, further progress remains limited in this regard.

High-level corruption

The report recommends adoption of a new legal framework on the fight against corruption in line with the intentions set out in the anti-corruption strategy, and ensure its implementation. It also calls for setting up an effective anti-corruption authority.

It recommends adopting and implementing a reform of the law on public administration to strengthen the internal inspectorates in the public administration.

Analyzing the progress in fighting high-level corruption, the Commission speaks of "a pattern of high-level cases rarely ending in successful convictions".

The Commission therefore recommends building on the analysis of past cases, establishing a roadmap between all relevant institutions to address shortcomings in the investigation and prosecution of high-level corruption cases, including a mechanism for the reporting of progress to the wider public.

A further recommendation is to establish a mechanism for public reporting on progress in high-level cases which are in the public domain. The Prosecutor General's Office should report - whilst respecting the presumption of innocence - on investigations and indictments, and the Supreme Court of Cassation and the Ministry of Justice to report on convictions as well as the enforcement of sentences.

The Commission argues that meeting Benchmark Four will require a fresh approach by the Bulgarian authorities, most obviously in order to establish a track record on high-level cases. The preparatory work already initiated could provide a good basis, although some proposals for changes to existing institutions would benefit from further analysis and careful assessment to avoid any possible adverse impact on performance.

Corruption at local level and the borders

Wider efforts to address corruption at lower levels are needed in particular in terms of measures to enhance prevention, which should be introduced in combination with wider efforts to increase transparency and professionalism in the public administration.

The Commission's recommendation is to carry out an external review of the ex ante checks of public procurement procedures and their follow-up, including ex post checks, as well as on cases of conflicts of interest or corruption discovered and remedial measures taken to address identified shortcomings.

Another recommendation is to put in place risk-based measures to address low-level corruption in high-risk sectors within the public administration, taking inspiration from what has been done in the Ministry of Interior. The efforts in the Ministry of Interior should continue.

A mechanism needs to be established for public reporting on the implementation of the national anti-corruption strategy covering the remaining duration of the Strategy's implementation.

Organised crime

An analysis of the developments over the last ten years points to an evolution of organised crime, which has become more fragmented, versatile and diversified, developing towards legal businesses, as well as becoming less openly violent.

Many Bulgarian interlocutors consider that Benchmark Six - as it has been agreed ten years ago - is therefore becoming less relevant, given that the
crime picture is changing into something which is more comparable to that of some other Member States.

However, Bulgaria needs to show it has a functioning system to fight organised crime by establishing a track record showing that final court decisions in cases involving serious organised crime are reached and enforced.

The report recommends that Bulgaria adopt the necessary amendments to the law on confiscation of criminal assets and ensure the Illegal Asset Forfeiture Commission continues to operate independently and efficiently.

The Commission will assess progress made towards the end of 2017.

BACKGROUND

The six benchmrks:

Benchmark 1: Ensure independence and accountability of the judicial system

Benchmark 2: Ensure a more transparent and efficient judicial process by adopting and implementing a new judicial system act and the new civil procedure code. Report on the impact of these new laws and of the penal and administrative procedure codes, notably on the pre-trial phase

Benchmark 3: Continue the reform of the judiciary in order to enhance professionalism, accountability and efficiency. Evaluate the impact of this reform and publish the results annually

Benchmark 4: Conduct and report on professional, non-partisan investigations into allegations of high-level corruption. Report on internal inspections of public institutions and on the publication of assets of high-level officials

Benchmark 5: Take further measures to prevent and fight corruption, in particular at the borders and within local government

Benchmark 6: Implement a strategy to fight organised crime, focussing on serious crime, money laundering as well as on the systematic confiscation of assets of criminals. Report on new and ongoing investigations, indictments and convictions in these areas.

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BTA's correspondent in Brussels Nikolay Jeliazkov contributed to this story.