site.btaNational Investigation Service Reverts to Prosecuting Magistracy, Parliament Resolves Conclusively

Bulgaria's Parliament on Thursday resolved conclusively to reintegrate the National Investigation Service (NIS) into the prosecuting magistracy.

The legislature defeated all motions entered by Petar Petrov MP of Vazrazhdane that would have separated the NIS and the investigation departments from the prosecution Service.

A stand-alone status for the investigating authorities was introduced by amendments to the Judicial System Act, adopted on June 2 and vetoed by President Rumen Radev on June 14, 2023.

The head of State argued in his reasons that granting the NIS and the district investigation departments an independent status and separating them from the prosecuting authorities "restores a situation that already existed in the Bulgarian judicial authorities and was abandoned."

The President further stated that the bill adopted by the National Assembly essentially revises a commitment that Bulgaria assumed during its EU accession negotiations. "This would undermine the confidence of the EU institutions and the rest of Member States in this country's capability to honour full fledgedly its commitments," Radev pointed out, specifying why he vetoed the bill.

The only MP who seconded the provisions moved by Vazrazhdane was Margarita Mahaeva of the same parliamentary group. She argued that the independence of the judicial system is a principle guaranteed by the Constitution and insisted that such independence is out of the question when investigating magistrates have to follow the prosecutors' instructions without being able to object.