site.btaJustice Minister: Constitution to Be Amended for Judicial Reform

Justice Minister: Constitution to Be Amended for Judicial Reform

Sofia, April 16 (BTA) - "The division of the Supreme Judicial
Council (SJC) [into a judges' and prosecutors' chamber] will be
legislated at constitutional level," Bulgarian Justice Minister
Hristo Ivanov told a news conference at the Council of Ministers
 on Thursday.

"The Constitution is a living document and it is normal to amend
 it when social and political conditions so require," Ivanov
said. In his words, the Government is doing its best to achieve
consensus, and talks with all political forces will be held
shortly. "The SJC must be reorganized so that the next one would
 be more trustworthy," the Minister added.

Ivanov said that a new, more effective and functioning
constitutional balance is being sought, and the reform will take
 more than mere legislative amendments. He added that the
solutions sought do not exceed the powers of an ordinary
National Assembly.

The Justice Minister said that the principal objective of the
division of the SJC, by amending the Constitution, into a
chamber of prosecutors and investigating magistrates and a
chamber of judges, is the establishment of an independent court
and an ever more effective prosecution service. As part of the
reform, it is also contemplated to reduce the term of office of
the SJC to three or four years, from five years now. "A
shortening of the Prosecutor General's term in office, however,
is not in the order of the day," Ivanov specified. Under the
Constitution, the Prosecutor General serves a seven year term.

The reform also provides for an open ballot voting by the SJC
members on the Council's decisions. The Justice Minister argued
that the SJC members do not occupy this position in a personal
capacity but as somebody's representatives and must adopt their
decisions with sound reasons and back them with their names.

"This is a fair decision and we will give the judiciary full
independence," Prime Minister Boyko Borissov said for his part.
In his words, in this way a new SJC will be immediately
constituted, which will be elected in line with the requirements
 of the European Commission's report on Bulgaria's progress
under the Cooperation and Verification Mechanism.

Borissov added 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. He said he believes that
consensus in Parliament will be reached and hopes that the
consultations will take place within a fortnight.

Deputy Prime Minister and Interior Minister Roumyana Buchvarova
said that the bill to amend the Constitution will be moved by
the Government to start the process of honouring its key
commitment: carrying out the judicial reform. She added that she
 relies on  and trusts in the support for the motion in
Parliament by the coalition partners. The Deputy PM noted that,
together with the members of the judiciary, they will also draft
 a package of bills amending the Criminal Procedure Code and the
 Penal Code, modernizing legal education, and introducing
e-justice.