site.btaABV Wants Judicial Reform Council Established in Parliament

ABV Wants Judicial Reform Council Established in Parliament

Varna, on the Black Sea, April 20 (BTA) - It would be best if a
special council is established in Parliament, which can decide
how the judicial reform will be conducted, said here on Monday
ABV deputy leader Roumen Petkov. According to him, the Justice
Minister has failed in changing the system. The council must
carry out the reform not despite, but with the help of people
from this field, and in a manner that is as transparent and
accessible for the public as possible, he noted.

Cabinet recently unveiled plans to propose constitutional
amendments in connection with the judicial reform, according to
which the Supreme Judicial Council (SJC) will be divided into a
chamber of prosecutors and investigating magistrates and a
chamber of judges, will serve a shorter term of office, and will
 adopt decisions by an open ballot. Prime Minister Boyko
Borissov said that a requirement for the Prosecutor General to 
report back on his performance to Parliament once a year is also
 considered as part of the reform. 

Amending the Judicial Power Act will not produce anything
substantial, said Ombudsman Konstantin Penchev, adding that
Constitutional changes are required. A mechanism must be found
to clean the system of the "tumors", he said, explaining that
this is more important than the debate about the length of the
SJC's term of office.
 
Penchev described the "tumors" with examples of magistrates, who
 have served a few terms of office in the system at senior
positions. The Ombudsman is in favour of keeping the SJC's
parliamentary quota, adding that it should include lawyers or
professors. Penchev also voiced support for increasing the
powers of the Inspectorate with the SJC.

According to Justice Minister Hristo Ivanov, the mere mechanical
 replacement of one person with another, or leaving someone only
 to complete their term, is not a good way to improve the
situation. The SJC can be replaced only by Parliament, he noted,
 adding that the magistrates and MPs will be the ones to assess
the Council's work.

Comprehensive reform will not be possible without changing the
Constitution, Supreme Court of Cassation (SCC) President Lozan
Panov told journalists. This, in his words, can not happen at
the expense of the judicial system's independence. One of the
possibilities is to reduce the SJC's term of office, he said,
explaining that this would not affect the judicial system's
independence.

The five-year term of office is sufficient for an SCC president,
 he said, adding that the reforms should also include
popularizing mediation and restorative justice.