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The Bulgarian judiciary has become the subject of massive criticism in the annual monitoring report of the European Commission on Bulgaria's post-EU accession progress.
While acknowledging that since the Commission's last report under the so called Cooperation and Verification Mechanism (CVM) in July 2010, Bulgaria has "strengthened the Supreme Judicial Council, improved rules for judges, and took steps to improve protection against conflict of interest. Reform of police investigations was started and a decision, the 2011 report emphasized that the Bulgarian judicial system continues to face "important challenges" - a description that in the language of Brussels can be taken to stand for severe problems.
"Since last summer, a number of acquittals in cases involving high-level corruption, fraud and organized crime have exposed serious deficiencies in judicial practice in Bulgaria. These deficiencies have not been properly analysed or followed up by the leadership of the judiciary, the Supreme Judicial Council, the General Prosecutor and the President of the Supreme Court of Cassation," the EC states referring to the latter top judicial officials – Chief Prosecutor Boris Velchev and Chair of the Supreme Court of Cassation Lazar Gruev.
"Тhe quality and transparency of several important appointments within the judiciary since the beginning of this year have been questioned, leading to unprecedented public protests and a debate on possible constitutional amendments. In addition, allegations of corruption within the judiciary are still not pursued in a systematic way as recommended by the Commission," the EC concludes.
It urges the Bulgarian government to sustain its commitment for reform, especially slamming the judiciary.
"The leadership of the judiciary has yet to show a real commitment to thorough judicial reform as slow progress is not just the result of shortcomings in judicial practice and in the Penal Code," Brussels points out.
The EC report on Bulgaria's post-EU accession progress further notes the recent cases of controversial appoints and resignations from the Bulgarian judiciary, and praises professional organizations of magistrates and civic NGOs pushing for deeper reform of the Supreme Judicial Council.
According to Brussels, however, "the accountability of the [Bulgarian] judiciary remains an area of serious concern... allegations against magistrates are not always systematically investigated by the judicial inspectorate and some disciplinary sanctions appear lenient. Criminal investigations against magistrates are still not systematically launched by the prosecution upon allegations of corruption. The decision of the Supreme Judicial Council in June to involve a magistrate with a disciplinary record in the recruitment panel for the new specialised criminal court raises serious concerns. Overall, there is a lack of consistent disciplinary practice. These problems remain a major factor undermining public trust in the judiciary" in Bulgaria.
The Commission is especially concerned by "the generally passive attitude of the judiciary's leadership, the Supreme Judicial Council, the General Prosecutor and the President of the Supreme Cassation Court towards considerable shortcomings in judicial practice."
In its recommendations, the 2011 monitoring report stresses the overwhelming need to reform further Bulgaria's key judicial institutions: the Supreme Judicial Council, the Supreme Cassation Prosecution Office and the Prosecution in general. It recommends transparency and accountability of the judiciary through the track records of judicial appointments and decisions as well as greater coordination between Bulgaria's judicial bodies.
Full Text of the 2011 EC Monitoring Report on Bulgaria's Post-EU Accession Progress READ HERE
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