site.btaUPDATED Parliament Votes against Removing Head of Counter-Corruption Commission

Parliament voted against removing the head of the counter-corruption commission, Anton Slavchev. His removal was proposed by Continue the Change - Democratic Bulgaria (CC-DB) over "by actions and inactions, he seriously violates the law and persistently derelicts his official duties. He does not ensure transparency and does not implement court judgments. The commission do not operate effectively, the court routinely rejects the forfeiture claims. The governance is non-transparent and the personnel policy is bad".

The debate lasted close to four hours. 

The motion was backed by 96 votes, including 35 from CC-DB, 36 from Vazrazhdane and 25 unaffiliated. It was rejected by 91 MPs, including 67 from GERB-UDF, 22 of the Movement for Rights and Freedoms (MRF) and two Socialists. Six Socialists and one independent abstained.

Before the vote, the MPs argued whether the motion needed a qualified or a simple majority to go through. Parliament chair Raya Nazaryan argued that a qualified majority of 160 MPs in the 240-seat Parliament was needed. 

The rationale for the motion were presented by MP Lena Borislavova from CC-DB. She said Slavchev's removal would be "a kind of a test for this hall, an act that would show who is ready to reduce the influence of Mr Delyan Peevski in at least one of the institutions that have been captured, are politically motivated and fail to perform their lawful functions".

The catalogue of failures mentioned in the reasoning included a systematic failure to perform their duties and a lack of transparency in the activities of both committees chaired by Slavchev.

"There are no investigations into corruption, there are no investigations against persons sanctioned under the Magnitsky Act, no compliance with the obligation of transparency and reporting the activities of the commission, lack of information, only quantitative indicators are mentioned without real data on what this commission is doing, how it is fighting corruption in the high power echelons. The commission's obligations to establish an electronic system for filing conflict of interest declarations are not being met, she said. 

Borislavova pointed out that the commission denies persistently to ensure transparency in its work; the commission's website does not provide up-to-date information with a single press release put out in 2024. The commission has not yet implemented a court decision to disclose a decision on forfeiture of illegally acquired property, Borislavova added. In her words, there is plenty of evidence of political dependence and interference by Slavchev in political struggles rather than in the exercise of legal powers - examples of this are the delayed investigation into Rumen Gaitansky's uncollectible loan, as well as the removal of Andrei Gyurov from the post of Deputy Governor of the Bulgarian National Bank. 

At the proposal of the MRF, the debates were broadcast live on Bulgarian National Television and Bulgarian National Radio.  Anton Slavchev was in the plenary hall during the debate and was allowed to address the MPs.

"I do not accept the accusation that for three years we have done nothing at the Anti-Corruption Commission," he said. He said that the commission employs "outstanding professionals" and that he stands behind them. "The commission is a collective body, decisions are not taken by me alone," he noted.

Earlier on Thursday, Hamid Hamid of the Movement for Rights and Freedoms (MRF) pointed out that nearly three years ago Kiril Petkov alerted the commission about loans extended by the Bulgarian Development Bank, "a theft of BGN 150 million", and that Slavchev should explain why the commission took action only now and why only against one of the beneficiaries of these loans.  He noted that "30 million went to one accomplice in this robbery, 30 million went by bank transfer, bank transfers left traces." He said Slavchev should explain whether there are untouchables in Bulgaria and whether they will be questioned.

As he addressed the legislature, Slavchev replied that the case reached his commission only in late June or early July 2024, and it went with clear instructions from the investigating prosecutors about what the commission should do.

Yordan Tsonev (MRF) said that his parliamentary group supported the consideration of this item in plenary, not because they agree with the reasoning of the motion but because there are issues on which the public expects answers.  "I am very surprised by the fact that a number of colleagues who have signed the removal motion are precisely the kind of colleagues who are the subject of investigations and inquiries," he said, adding that seeking Slavov's removal is an attempt to obstruct the investigation. 

Borislavova replied that a proof of their arguments in the motion's reasoning is that no one at MRF has been accused of corruption. "It is an oxymoron to hear talk of countering corruption from MRF, which have a person sanctions under the Global Magnitsky Act," she said referring to Delyan Peevski.

Dimo Drenchev of Vazrazhdane said that he was "for" the resignation and would vote with a clear conscience. His colleague Petar Petrov recalled data from a report by the prosecution service presented on April 30, which states that the intensity of the fight against corruption crimes has decreased by a quarter in the last two years. The number of pre-trial proceedings filed in court for corruption offences has dropped by 25% in the last two years, he said, adding that the number of indictments has dropped from 337 to 252, the number of persons handed over on indictment for corruption offences is also a 25% down - from 425 to 313. At the same time, the number of discontinued proceedings for corruption offences has increased in the last two years- from 720 in 2022 to 847 in 2024.

There Is Such a People floor leade Toshko Yordanov commented that two groups: GERB-MRF on the one side and CC-DB on the other, are trying to gain the upper hand and solve their personal issues.

BSP for Bulgaria floor leader Borislav Gutsanov said that it was a "shameful" debate. "CC-DB and GERB shared a government for close to a year. Couldn't you resolve these matters during that time? This Parliament has only three work days left. For us at BSP for Bulgaria this issue has been exhausted," he said.

Rossen Zhelyazkov (GERB) argued that the CC-DB motion is anti-constitutional because Slavchev is acting chair of the counter-corruption commission. The right way to go about the matter is to first elect an ombudsman who would then propose a candidate to the nominating committee and get the procedure started, he said.

Vazrazhdane floor leader Kostadin Kostadinov said that CC-DB "yet again came to beg us to back their motion" but he also said that CC-DB lost the debate over the legislation. "Instead of doing what it takes to win support, you drive away [potential supporters]," he said.

After the vote, Assen Vassilev of CC-DB said that GERB and the Bulgarian Socialist Party (BSP) "have just left the baton in the hands of Delyan Peevski". "Anton Slavchev remains at the helm of the anti-corruption commission despite the fact that it is not working and we don't see corruption being countered".

He argued that the Constitution does not call for qualified majority for removing the head of the counter-corruption commission. "We all know that GERB are not good at reading the basic law," he said.

It is the Counter-Corruption Act and not the Constitution which regulates the appointment of the counter-corruption committee members, and Article 8 (3) reads, "The members of the Commission shall be elected by the National Assembly by a majority of two-thirds of all National Representatives."

Asked if the outcome of the vote would block talks with GERB, Assen Vassilev said that "there is no dialogue with GERB at the moment and there is nothing to be blocked".