European Commission experts have proposed the enforcement of a safeguard clause for Bulgaria in the justice and home affairs field. Their report has been prepared after an inspection conducted from February 20 to 24, 2006.

Bulgaria's Euro-integration Minister Meglena Kuneva summoned Wednesday the members of the Supreme Judicial Council to discuss the conclusions in the report.

Brussels objects to the increased competence of the executive power against that of the judiciary, as envisaged by constitutional amendments adopted by parliament at second reading.

The European experts frown at legislative regulations, which entitle parliament to cut short the term of Supreme Court heads with a two-third majority and give it the right to approve reports of the three supreme magistrates.

Bulgaria's parliament now faces an impasse, as the amendments can be put to the vote only "en block" at the third reading.

The Treaty of Accession of Bulgaria and Romania includes three provisions which allow the Union to remedy difficulties encountered as a result of accession: a general economic safeguard clause; a specific internal market safeguard clause; and a specific justice and home affairs safeguard clause.

These safeguards are the same as the ones included in the Accession Treaty of the Member States who joined on 1 May 2004.

The justice and home affairs safeguard clause may be applied if there are serious, or imminent risks of serious shortcomings in the transposition or implementation of EU rules relating to mutual recognition in the area of criminal law or civil matters by a new Member State.

European Enlargement Commissioner Oli Rehn will present his decisive report on Bulgaria, Romania in May. The report will be a crucial assessment on the readiness of the two to enter the EU as full members.

Both countries are hoping to step in on January 1, 2007, but there is a safeguard clause in their accession treaty.

If necessary reforms are still lingering, the entry can be postponed by a year.

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