site.btaSeven EU Ambassadors with Joint Position on Judicial Reform in Bulgaria

Seven EU Ambassadors with Joint Position on Judicial Reform in Bulgaria


Sofia, December 22 (BTA) - Interior Ministry employees working
in the administration units will no longer be category 1
workers, but will work under the Civil Servants Act, Interior
Minister Vesselin Vouchkov told journalists here on Monday after
Cabinet's meeting.

Ambassadors Jonathan Allen (Britain), Christian Konigsfeldt
(Denmark), Harri Salmi (Finland), Tom van Oorschot (the
Netherlands), Anick Van Calster (Belgium), Xavier Lapeyre de
Cabanes (France) and Roland Hauser (Austria) say that "it is a
good thing that Bulgarians have begun a debate on the
administration of justice". They recall that on December 10, "15
judges from the Sofia City Court - a key jurisdiction
responsible for some of the most sensitive cases - published an
open letter to the Supreme Judicial Council (SJC) calling for
the resignation of the President of the Court and two of her
four Deputies". The following day, 25 magistrates from the Sofia
Regional Court joined their colleagues' initiative. The
Bulgarian Judges Association followed suit, and on December 18,
33 lawyers joined the movement.

The magistrates' initiative was provoked by doubts about the
operation of the random case allocation sofware in Sofia City
Court's Commercial Division in a case for the bankruptcy of
Domain Menada Winery and Belvedere Distribution. In a bTV
interview, French Ambassador Xavier Lapeyre de Cabanes accused
Judge Roumyana Chenalova of mishandling the bankruptcy case
against the two subsidiaries of the French Belvedere Group, and
expressed doubts about the manner in which the case had been
allocated to her.

The seven EU ambassadors state: "The [Sofia City Court]
President and her Deputies immediately rejected the call to
resign and the allegations in the open letter, and it is not our
place to judge who is right and who is wrong. However, the fact
that the judges have raised these questions is to the credit of
the Bulgarian judicial system and society.

"When a group of respected professionals raises concerns and
questions such as these, they deserve careful consideration and
a full response. It is a positive sign of an open, democratic
society that people feel able to raise these sorts of concerns.

"We are witnesses of positive developments in Bulgaria,
including the adoption by the Council of ministers on December
17, of the Judicial Reform Strategy. Bulgaria's Parliamentarians
also have a significant responsibility in their examination of
the texts which will set out this indispensable reform.

"But above all, the magistrates themselves will be the key
players in making a reformed judicial system work. Many of them
have given a lot of thought to what needs to be done and how.
Their efforts need to be recognised and heard."

Regarding the CVM, the seven ambassadors write: "The CVM should
not be seen as outside or foreign criticism of Bulgaria. It
serves to verify to what extent the commitments made by Bulgaria
when it joined the EU have been met. The authorities, and also
Bulgarians active in the judicial system, should make the most
of this process."

***

On Monday, judges from the Sofia City Court asked the SJC to
issue an opinion on whether the court's leadership is competent.
The letter received by BTA is signed by 20 judges who claim
that the SJC did not react adequately to their previous letter
and insist that the questions they asked must be answered.

"Without underestimating the importance of the security of the
case allocation software and of the court's computer system, we
are firmly convinced that the lawful administration of cases,
the proper administration of the court's activity and the
prestige of the administration of justice depend above all on
the way the Court President and his or her Deputies exercise
their administrative powers," the magistrates said.

They hold that the doubts about irregularities remain
unaddressed, and urge the SJC to issue a clear opinion on
whether there were irregularities in the allocation of the
bankruptcy cases for Corpbank and Belvedere.