site.btaEuropean Commission Outlines Rule of Law Challenges in Bulgaria

Brussels/Sofia, September 30 (BTA) - In its first report on the
rule of law situation in the EU, published on Wednesday, the
European Commission says that Bulgaria's judicial system and
media face a number of challenges. One example cited in the
general report is the lack of transparency of media ownership in
 Bulgaria, which is described as a source of concern. There are
also concerns about the effectiveness of the national media
authorities in light of the resources available to them. The
Commission makes similar observations about Greece, Luxembourg,
Romania and Slovenia.

A large number of Bulgarian journalists have characterized
political interference in the media as "common" and
"widespread," the general report also says. It names Bulgaria
and four other countries as examples supporting the observation
that journalists and other media actors increasingly face
threats and attacks (physical and online) in relation to their
publications and their work.

Bulgaria, as well as Croatia, Czechia, Estonia, Greece, Italy,
Lithuania, Romania and Slovakia, have had comprehensive national
 anti-corruption strategies in place for several years, the
report says. It notes that whilst developing anti-corruption
plans and strategies is important, their effective
implementation and monitoring is key to ensure that progress is
made. In the case of Bulgaria, important challenges remain
before anti-corruption institutions can build a solid reputation
 of impartiality, objectivity and independence. A solid track
record of final convictions in high-level corruption cases
remains to be established in this country.

Bulgaria is listed among the Member States which have taken or
are envisaging measures to strengthen the corruption prevention
and integrity framework. The Commission calls for enforcement
and control mechanisms to verify and possibly sanction integrity
 incidents related to asset declarations, lobbying, conflicts of
 interest and revolving doors.

The general report also says that legislative procedures remain
to be finalized in Bulgaria to answer long-standing concerns
about an effective accountability regime for the Prosecutor
General. The composition and functioning of the country's
Supreme Judicial Council (SJC) and the Council's Inspectorate
have also raised concerns which are still pending.

In addition to the general report, the Commission has published
country chapters.

Asked to comment on the ongoing anti-government protests in
Bulgaria during a news conference in Brussels, European
Commission Vice President Vera Jourova expressed her expectation
 that the Bulgarian authorities will take public worries
seriously, particularly as regards the perceived lack of
justice.

Jourova noted that the Cooperation and Verification Mechanism
(CVM) remains in place. Launched in 2007, when Bulgaria and
Romania joined the EU, the mechanism has monitored the two
countries' progress in areas where further reforms have been
necessary. For Bulgaria, it has monitored the judicial reform
and the fight against organized crime and corruption. Jourova
said that there were plans to discontinue the mechanism, but the
 national authorities still have work to do to meet its
benchmarks.

Some reforms are not over yet, she said. The Bulgarian public
has stated repeatedly and clearly that it has very low
confidence in the judicial system and public institutions, she
added. According to Jourova, the Commission is ready to provide
assistance.

Justice Minister's reaction

In Sofia, Justice Minister Desislava Ahladova assessed the rule
of law report as objective and positive for Bulgaria, noting
that it identifies the results which have been achieved.

The powers of the future special prosecutor who will be able to
investigate the Prosecutor General will be aligned with the
recommendations of the Council of Europe, Ahladova said. She
pointed out that legislative amendments are being drafted to
guarantee the independence of the Judiciary, and broad political
 support is being sought for them.

GERB's comments

The EC's report on the rule of law in the EU is objective and
based on clear criteria, the ruling GERB party commented.

MEP Emil Radev (GERB/EPP) commented at a news conference that
this is the first such report issued by the EC and it's the
first time the full picture in the whole of the EU can be seen.
He described the report as objective and positive for Bulgaria,
adding, however, that there are elements that show deficiencies
in the system and the correction mechanisms. When it comes to
Bulgaria, the accountability of the Prosecutor General was
raised as a serious issue, he noted. "We are resolved to meet
the expectations that certain elements of the procedure for
appointing the prosecutor general will be consistent with the
EU's recommendations" he said, adding that constitutional
changes have been drafted in line with the recommendations of
the Venice Commission and the Group of States against Corruption
 (GRECO).

Commenting on the CVM applied to Bulgaria and Romania, Emil
Radev said that, unfortunately, Bulgaria is linked to Romania
under this mechanism, and the latter has not met recommendations
 from the latest reports. There are currently no procedures and
reports being drafted for Bulgaria, he noted.

Bulgarian Socialist Party's (BSP) reaction

When it comes to Bulgaria, the EC's report on the rule of law
paints a picture of a State governed from behind the scenes, in
a corrupt and uncontrolled manner, where the institutions that
are supposed to guarantee compliance with the law cannot or do
not wish to do so, said Socialist MP Kroum Zarkov during a news
conference at his party's headquarters.

The opposition BSP reiterated the problems outlined in the
report - excessive and uncontrolled power of the Prosecutor
General, the inability to prosecute him, and issues surrounding
the functioning and composition of the SJC. The lack of
sentences for corruption is no news, but this has once again
found a place on the first pages of the report, said Zarkov. The
 EC is bluntly saying that most media publications in Bulgaria
are basically serving the Government and its policies, which is
seen as a problem, the Socialist MP said.

According to Zarkov, the EC must pluck up the courage to say
there are no indications whatsoever that the government and the
ruling majority in Parliament have any plans to carry out the
necessary changes.

Vice President Iotova warns about special resolution by EP on
Bulgaria

Bulgarian Vice President Iliana Iotova, who is a former MEP,
said on National Radio that the rule of law situation in
Bulgaria will be addressed in a special resolution of the
European Parliament. According to Iotova, a separate resolution
on a single country is a very rare occurrence. "EU institutions
usually try to stay out of domestic processes, particularly
political ones, in individual Member States. A special
resolution... I do not want to know what it says."

The MediaPool.bg news website predicts that the resolution on
Bulgaria will be put to the vote in the European Parliament
Committee on Civil Liberties, Justice and Home Affairs on
October 1. It has been proposed by Spanish MEP Juan Fernando
Lopez Aguilar (Socialists and Democrats).

BTA's Brussels correspondent Nikolay Jeliazkov contributed to
this story. RI/NV/VE/MY