site.btaUPDATED Venice Commission Presents Its Assessment of Forthcoming Constitutional Amendments in Bulgaria

The European Commission for Democracy through Law (the Venice Commission) of the Council of Europe presented its assessment of the forthcoming constitutional amendments in Bulgaria. The 27-page document is dated October 9 and contains conclusions and recommendations, noting that they do not concern the entire bill.

Recommendations state that the Bill has not been subjected to adequate public consultation. Changes that would remove the requirement for candidates for MPs and ministers not to have dual citizenship are welcomed. According to the evaluation, the independent institutions for the supervision of legality should be set in the Constitution.

The assessment recommends that those who would head a caretaker government should be identified in advance, as no support is expressed for the proposal that this should be the National Assembly Chair or the Constitutional Court Head. There is also no support for the proposal that the caretaker Prime Minister should be elected by Parliament.

The division of the Supreme Judicial Council and the introduction of the possibility to investigate and prosecute the Prosecutor General and his deputies are welcomed. It is recommended that rules be laid down for the appointment, accountability, and review of the decisions of the prosecutor who would investigate the Prosecutor General. The intention to introduce a right of individual appeal to the Constitutional Court and to refer cases from ordinary courts to constitutional judges is welcomed.

“I think that the main takeaway from the Venice Commission's assessment is that the key division of the Council into two separate ones is endorsed. It is key that the ratio between professional judicial and parliamentary quotas in the Supreme Judicial Council is supported so that there is a majority of judges elected by judges," Justice Minister Atanas Slavov said on bTV later in the day. He added that it will become clear in December whether there will be a withdrawal of the bill or changes of its texts, as there will be a new vote on the proposed text then. 

Among the recommendations is also to provide for measures so that the process in the National Assembly on replacing the composition of the SJC and the Constitutional Court is not blocked.

The Venice Commission expressed readiness to assess the bill again if substantial amendments are made to it.