site.btaProsecutor General Calls for Genuine Judicial Reform

Sofia, December 9 (BTA) - Prosecutor General Ivan Geshev told a judicial reform conference in Sofia on Thursday that the prosecution service is ready for an open discussion in view of conducting a genuine and fruitful reform in the judicial system.

"Changes are needed not only in the judiciary but in the entire law enforcement sector, including the Interior Ministry, the security services and the control authorities," Geshev told the conference, which was entitled "Judicial Reform. Specialized Justice".

He noted: "The outgoing year has been dynamic, it has brought the entire Bulgarian society to face new elections and challenges. By going to the polls, Bulgarian voters gave a clear sign to the three branches of power that they expect reforms and changes to improve the basics of living and the development of Bulgaria."

The Prosecutor General recalled that the amendments to the Bulgarian Constitution over the last 30 years have targeted mainly the judicial system. "Almost without an exception, the Constitution and other laws have been amended without a constructive professional debate that is free of personal interests, without hearing the voice of the magistrates and the academic community," he said.

Geshev warned of attempts at political interference in the legal system and the prosecution service, disguised as a reform and an effort to combat crime. "There is a real risk for the rule of law and fundamental democratic values," he added.

Justice Minister Ivan Demerdjiev argued that during their long-lasting period of operation, the Specialized Court (SC) and the Specialized Prosecution Office (SPO) could not convince Bulgarian citizens that they are efficient, impartial, law-abiding and, therefore, needed institutions at all. In his words, the SC and the SPO inculcated a public sense that they are being used by the authorities for dealing with opponents instead of applying correcting measures for them.

Demerdjiev added that anti-government and anti-corruption protests in 2020 and the parliamentary elections in 2021 escalated the need for a judicial reform. The European Commission criticized Bulgaria for lacking satisfying results concerning final convictions in high-level corruption cases, he said.

Prosecutor General Geshev stressed that the Prosecution Magistracy will ask the Constitutional Court for interpretation of art. 126 of the Constitution which concerns Prosecutor General's oversight powers. According to him, that should dispel any doubts that the Prosecutor General has unlimited powers, as such political suggestions, in his words, manipulate the public opinion. Geshev voiced hope that court will outline the Prosecutor General's powers in detail.

Judgments of the European Court of Human Rights and the recommendations of the Council of Europe, Venice Commission and European Commission should be implemented. However, such actions should not be used to solve short-term political problems, but their implementation should be a result of in-depth and objective analysis, Geshev said.

The outdated Penal Code and the higher standard of evidence are among the problems of the current judicial system, Geshev argued. In his words, there are "systematic attempts for compromising the independence of the judiciary system", which also suffers from "legislative experiments".

The SC and the SPO should not be closed as the results of their work are recognized both by EU prosecutors and on an international level, Geshev argued. He denied that the Prosecutor General is all-powerful and untouchable.

The specialized prosecution has always been key to modern societies, said in a video message Adrian Vazquez Lazara, chair of the committee on legal affairs at the European Parliament.

The desire for specalization has been linked closely to the question of efficiency, speed and achieving results, he said.

Han Moraal, Secretary General of the International Association of Prosecutors, said that with every day crime gets more complicated and posecutors can counteract only if they are specialized along certain fields. Moraal noted the need for efforts to pool expertise and voiced support for the cooperation between the leaders of the prosecution services.

He recalled that the International Association of Prosecutors spans over 179 countries and far outreaches Europe. Moraal said that the Association wants to ensure effective justice for better counteraction to serious crime.

In a video message Eurojust President Ladislav Hamran noted the good cooperation with the Bulgarian prosecution service. "The specialzied prosecution is very important becase many of the cases that we have worked on either have been instituted by it or have been concluded thanks to it," he said. This proves the fruitful cooperation in the past years, added Hamran. In the 21st century serious crime have changed and have become digital, more complex and perfect and these trends call for the respective developments among people who counter them, he noted.

Spain's Attorney General Dolores Delgado said that the Spanish public prosecution service is highly specialized. The chief prosecution has specialized structures, priority areas not only for justice but for the citizens as well. In addition there are important specialized units, said Delgado.

The conference was attended by the prosecution service leadership, the administrative leaders of the Specialized Criminal Court and the Specialized Prosecution Office, caretaker Justice Minister Ivan Demerdjiev, members of the Supreme Judicial Council, MPs and guests from European prosecution services.

The conference discussed the reform prospects for specialized justice, the evolution of the constitutional framework for the judicial system since 1991, the independence of the prosecution service in the context of judicial reform, interaction with the national authorities of Eurojust, and amendments to the Penal Code and the Criminal Procedure Code.