site.btaReal Change Is Needed to Tackle High-Level Corruption - Report

The Bulgarian criminal justice system’s great failure lies in the outcomes of the so-called cases of high public interest, says the Report on the Rule of Law and the Business Environment in Bulgaria 2023, which includes analyses by prominent Bulgarian lawyers. The report was presented at the BTA National Press Club on Wednesday at an event organized by the American Chamber of Commerce in Bulgaria.

The document states that the reasons for this are the double standards and selectivity in initiating and conducting investigations against well-known and influential figures from politics and business, the long duration of the proceedings, and the failure to deliver the outcomes promised in the beginning.

Described as imperative among the recommendations listed is a real change in the response to high-level corruption, misuse of public resources, erosion of free market competition, media control, and poor investment environment.

The analysis notes that there is a problem with the Prosecutor General‘s powers, pointing to the "limited opportunities to maintain balance and external control in the exercise of their primary functions of conducting prosecution".

According to the report, another issue that should be addressed is the fact that the investigating authorities are entirely procedurally subordinate to the public prosecutor. Investigators' lack of procedural autonomy undermines their constitutional status as magistrates, as part of the judiciary. Ensuring their autonomy would require a complete restructuring of the established concept of the prosecutor‘s leading role in the investigation phase.

The report also recommends reforming the criminal proceedings. Compared to other criminal procedure systems, especially Western European ones, Bulgaria is characterized by more burdensome procedures and a formalistic approach. This poses some understandable risks to the rule of law.

The current situation leads to an unrealistically high conviction rate in Bulgaria with over 95% of all indictments, the analysis states.

Speaking at Wednesday's event, the CEO of the American Chamber of Commerce in Bulgaria, Ivan Mihaylov, said that law enforcement is particularly important for investors.