site.btaJudiciary Bill Contains Serious Flaws, Needs Editing and Additional Discussion, Says Prosecution Service

The bill on the judiciary contains serious flaws and needs editing and additional discussion, said Acting Chief Prosecutor Borislav Sarafov in a statement sent to caretaker Minister of Justice Maria Pavlova, the state prosecution service informed.

The bill contains unconstitutional norms and legislative decisions, which cannot be explained in any other way than as the result of a conscious and politically motivated effort to treat judges, prosecutors and investigators unequally, said Sarafov.

The establishment of a Supreme Prosecutor's Office (SPO) represents a significant restructuring, which does not correspond in type to the supreme structures of the court. This can only be done by a Grand National Assembly. Prerequisites are being created for restricting the human rights function of the prosecution service to only the criminal procedures.

The bill envisages that the members of the Supreme Judicial Council (SJC) and the Supreme Prosecutorial Council (SPC), who are magistrates, be also judges, prosecutors or investigators. However, such a decision in practice denies the status of the SJC and the SPC as permanent bodies.

A few days ago, the Ministry of Justice said that the period for public consultations on the project for a new Judiciary Act was extended by 20 days until May 7.

The change is necessary as a result of numerous proposals received from the bodies of the judiciary and class organizations of magistrates. Thus, opinions, notes, etc. can be expressed until May 7.

The main focus of the new Judiciary Act is ensuring compliance of the legislative amendments with the changes in the Constitution - the establishment of the SJC and the SPC and the new ratio of quotas in these bodies; the changed functions and powers of the Prosecutor General; changes related to the Inspectorate, etc. The project also provides for the improvement and acceleration of competition and attestation procedures in the judiciary, as well as in secondments, the Ministry of Justice recalled.