site.bta Prosecuting Magistracy: CVM Report "Most Realistic and Objective"

Prosecuting Magistracy: CVM Report "Most Realistic and Objective"

Sofia, January 29 (BTA) - The leadership of the prosecuting
magistracy considers the European Commission's report on
Bulgaria under the Cooperation and Verification Mechanism (CVM)
"most realistic and objective".

In a position on the report on progress in Bulgaria in justice
and home affairs received by BTA on Thursday, the prosecuting
magistracy's leaders say the document gives a true picture of
the situation in the two areas, and fully agree with its
conclusions and assessments. The recommendations regarding the
judiciary and the fight against corruption and organized crime
should serve as benchmarks and objectives for all the state
bodies in 2015.

The report finds that "from the side of the prosecution, there
has been significant progress with the implementation of the
action plan put forward by the Prosecutor-General in 2013" in
line with the recommendations under the CVM. It also finds that
"the specialized structures to fight corruption have seen some
early results", and that the specialized prosecution and court
have also yielded some results.

However, the general conclusion about slow progress and
insufficient resolve for reforms is indisputable. The Commission
recommends implementation of the new judicial reform strategy
and "of the detailed ideas proposed by the prosecution", as well
as reinforcing "the capacity of the prosecution to pursue
high-level corruption cases". As soon as possible, the
leadership of the prosecuting magistracy will present publicly
to the parliamentary forces and the Prime Minister an expert
proposal for the most urgent amendments to the Code of Criminal
Procedure. The thrust of the proposal is to address "the problem
of convicted criminals having been able to escape justice and
abscond". Other proposed amendments are about the specialized
judicial bodies and amendments to other laws. A proposal for
establishing a specialized structure to fight corruption
modelled on the specialized units assessed positively in the CVM
Report will be ready within the same time frame.

The position recalls that draft amendments to the provisions of
the Judicial Power Act concerning the prosecuting magistracy
were presented in December 2014 during the discussion of the
updated judicial reform strategy.

The leadership of the prosecuting magistracy holds that the CVM
must continue because it has a positive effect as a catalyst of
reforms and decisive action.

Commenting on the CVM Report, Deputy Prime Minister for European
Policy and Institutional Affairs Meglena Kuneva wrote on
Facebook that the Supreme Judicial Council (SJC) should
recognize its leadership role in the coming days and weeks, to
heed the EC's serious criticisms and spare no effort to address
them.

Kuneva said that the Council for Development would meet to
discuss specific measures and a new approach to the fight
against corruption. She said a working group was drafting urgent
amendments to the Penal Code to address high-level corruption.
This country will need political accord if a new Penal Code is
to be adopted.

The Justice Ministry is drafting the laws needed to underpin the
judicial reform, and the parties could show their commitment to
it by adopting that legislation with a large majority.