site.bta Ruling Majority Discusses Constitutional Amendments for Judicial Reform
Ruling Majority Discusses Constitutional Amendments for Judicial Reform
Sofia, May 14 (BTA) - Deputy Prime Minister Meglena Kuneva said
the consultations on constitutional amendments were being held
in the context of the judicial reform strategy which was adopted
by a majority of 161 MPs.
Kuneva spoke to journalists after meeting with the contact group
in Parliament which is mulling amendments to the Basic Law
within the ruling majority.
The core of the reform is the division of the Supreme Judicial
Council (SJC) into a chamber of prosecutors and investigating
magistrates and a chamber of judges.
Asked if there will be changes concerning the Prosecutor
General, Kuneva said there was a consensus between the political
forces to stick to the adopted strategy.
Speaking to journalists earlier on Thursday, Dimiter Delchev MP
of the Reformist Bloc outlined the constitutional changes that
will be tabled by the Reformist Bloc. These include enabling
citizens to petition the Constitutional Court and a possibility
to impeach the Prosecutor General in cases of consistent
violations of the Constitution, the law and discrediting the
judiciary. He said that the parliamentary groups have already
received a blueprint of proposals from the Justice Ministry and
GERB MPs for the future debates. Delchev specified that the
highlights include division of the Supreme Judicial Council into
two colleges and more powers for its inspectorate. This is in
line with recommendations by the European Commission and
observations that the Council's current lineup is not working
well.
Delchev said there are several ideas about the impeachment of
the prosecutor general. Under one, a two-thirds parliamentary
majority may petition the President, but the Constitutional
Court said such a provision should be voted by a Grand National
Assembly. Instead, the Reformist Bloc has proposed that the
National Assembly petitions the President through the SJC. This
possibility will enter into force with the next term of the
prosecutor general.
Commenting on the Reformist Bloc's proposal to make the
prosecutor general and the presidents of the Supreme Courts
impeachable, Prosecutor General Sotir Tsatsarov said this would
hardly be viewed favourably, although it is done in some of the
Balkan countries. The Constitutional Court has already
pronounced on the matter, said Tsatsarov, adding that this is
about the prosecuting magistracy and the judiciary as a whole,
not a personal issue.
During the discussion of the document the prosecuting
magistrates suggested stronger public control, including
accountability to Parliament.
Justice Minister Hristo Ivanov, who participated in the
consultations, said the amendments should be introduced by MPs.
"Everything is in the hands of Parliament, I am acting in a
supporting role," said Ivanov. "Talks with the opposition are
not being held right now. There were talks with it and I myself
talked with opposition representatives, but at this stage we are
seeking agreement in the ruling majority."
ABV Deputy Chairman Roumen Petkov said his party had stated
clearly that options which require a Grand National Assembly and
concern changes other than the judicial reform are unacceptable
to it. It has been agreed that talks will continue, according
to him.
Expressing her personal opinion, Maya Manolova MP of BSP-Left
Bulgaria said this would be one of the most cosmetic revisions
of the Constitution if it ever came to fruition. She commented:
"In my opinion, the aim of the judicial reform is to ensure fair
trial by an independent court within a reasonable time
according to equal rules for all. I do not see how the
amendments to the Constitution will help to achieve this aim; it
seems to me that they open a good opportunity to replace the
SJC."
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