[JULY 2012 – SEPTEMBER 2013]
ABBREVIATIONS USED
AC / Appellate Court
APC / Administrative Procedure Code
ASPO / Appellate Specialised Prosecutor’s Office
BCP / Border checkpoint
BNT / Bulgarian National Television
BORCOR / Complex model to combat corruption and organised crime
BPO / Bulgarian Prosecutor’s Office
CA / Customs Agency
CARLWJA / Commission for Analysis and Reporting for the Level of Workload of Judicial Authorities
CCD / Central Customs Department
CCPN / Criminal case of private nature
CEBM / Code of Ethics of the Bulgarian Magistrates
CFIAA / Commission for Forfeiture of Illegally Acquired Assets
COC / Combating Organised Crime
CoMA / Council of Ministers Administration
CPC / Civil Procedure Code
CPDCIIISJC / Commission for Prevention and Detection of Conflicts of Interests and Interaction with the ISJC
CSA / Civil Servants Act
DC / District Court
DGCOC / Directorate General Combating Organised Crime
DGNP / Directorate General National Police
DID / District Investigation Department
DPO / District Prosecutor’s Office
EAW / European Arrest Warrant
EC / European Commission
ECHR / European Court of Human Rights
EU / European Union
FIAAA / Forfeiture of Illegally Acquired Assets Act
GACC / General Assembly of the Criminal College
IG / Inspectorate General with the Council of Ministers
IPA / Institute of Public Administration
ISJC / Inspectorate to the Supreme Judicial Council
JSA / Judicial System Act
MAEA / Medical Audit Executive Agency
MEE / Ministry of Economy and Energy
MES / Ministry of Education and Science
MFA / Ministry of Foreign Affairs
MGCFI / Methodological Guidance on Comprehensive Financial Inspections
MLSP / Ministry of Labour and Social Policy
MoC / Council of Ministers
MoD / Ministry of Defence
MoF / Ministry of Finance
MoH / Ministry of Health
MoI / Ministry of the Interior
MoIDD / District Directorate of the Ministry of the Interior
MoJ / Ministry of Justice
MTITC / Ministry of Transport, Information Technologies and Communications
NA / National Assembly
NAC / Nominations and Appraisal Commission
NIJ / National Institute of Justice
NIS / National Investigation Service
NRA / National Revenue Agency
NSI / National Statistical Institute
NSS / National Security Service
OCG / Organised criminal group
OLAF / European Anti-Fraud Office
OPAC / Operational Programme Administrative Capacity
OPHRD / Operational Programme Human Resources Development
PC / Penal Code
PCCOCC / Prevention and Countering Corruption and Organised Crime Centre
PDCIA / Prevention and Detection of Conflicts of Interests Act
PDCIC / Prevention and Detection of Conflicts of Interests Commission
PDFISPOA / Public Disclosure of the Financial Interests of Senior Public Officials Act
PEPCC / Professional Ethics and Prevention of Corruption Commission
PFIA / Public Financial Inspection Agency
PP Act / Public Procurement Act
PP Agency / Public Procurement Agency
PPA / Political Parties Act
PPC / Penal Procedure Code
PSII / Professional Standards and Internal Investigations Department, CCD
PTP / Pre-trial proceedings
RC / Regional Court
REI / Regional Education Inspectorate
ROWBPOA / Regulations for the Organisation and Work of the BPO Administration
RPO / Regional Prosecutor’s Office
SAC / Supreme Administrative Court
SANS / State Agency for National Security
SATO / State Agency for Technical Operations
SCC / Supreme Court of Cassation
SCPO / Supreme Cassation Prosecutor’s Office
SDCOC / Specialised Directorate Countering Organised Crime, SANS
SDOTO / Specialised Directorate Operational Technical Operations, MoI
SEAV / Statement establishing an administrative violation
SEWRC / State Energy and Water Regulatory Commission
SJC / Supreme Judicial Council
SLBSU / Second-level budget spending unit
Sofia AC / Sofia Appellate Court
Sofia CC / Sofia City Court
Sofia CPO / Sofia City Prosecutor’s Office
SRC / Sofia Regional Court
SRF / Scientific Research Fund
SRPO / Sofia Regional Prosecutor’s Office
UIS / Unified Information System
UISCC / Unified Information System for Combating Crime
In implementation of the recommendations of the European Commission reflected in the Report from the Commission to the European Parliament and the Council of 18 July 2012 on the Bulgaria’s progress under the Cooperation and Verification Mechanism, the Bulgarian authorities are reporting the following for the period July 2012 – September 2013:
Judicial system reform
- Elections for a new SJC and a new General Prosecutor were held in accordance with the new rules laid down in the Judicial System Act, under the conditions of heightened transparency and accountability during the election procedure which also involves the civil society in an active role in the election process. The candidates’ integrity and professionalism are brought to the fore.
- The ISJC analysis of the reasons for the violations found of the right to case hearing and resolution in reasonable time has been elaborated and was sent to the Minister of Justice and the SJC for them to take the necessary action to prevent the reasons leading to delay in the review of proceedings.
- The SJC took measures to regulate the workload as it optimised the vacant positions on the territory of the entire country, approved the Methodology for conducting empirical studies to determine the weight of the individual types of cases and the Main principles of the methodology to assess the judges’ workload. The CARLWJA approved draft criteria which are of importance when the judicial map of the Republic of Bulgaria is restructured.
- A firm practice has been created of interaction between the SJC and civil society. All strategic documents and policies are put forward for a broad public discussion before their adoption. A Civil Council with the SJC has been set up involving 17 professional and non-governmental organisations. An SJC Communication Policy has been adopted.
- An independent assessment of the Strategy to Continue Judicial Reforms under the Conditions of Full European Union Membership has been prepared as well as a draft updating the priorities, subpriorities and strategic goals. The updated Strategy has to be finalised in the end of November and will be present to the SJC and to the public for broad discussion.
- As a result of inspections of the implementation of the principle of random case allocation in the SAC, SCC and Sofia CC, the SJC adopted draft Instructions on the Allocation of Cases in Courts taking into account the random allocation principles. The draft is published on the SJC website so that judicial authorities and non-governmental organisations via the Civil Council with the SJC may express their opinions.
- SJC’s project E-Justice – research ad building of a unified communication and information infrastructure and a unified judiciary e-portal under the OP Administrative capacity will be implemented. The results of the project are oriented to the putting into operation of an electronic voting system for direct election of SJC members from the judicial quota and of a centralised system of random case allocation under a unified e-justice portal.
- The SJC has set for itself the task to create standards, unified rules which will guarantee objectivity, predictability and groundedness of the decisions related to the magistrates’ career development. The SJC has changed, developed and adopted all necessary rules regulating this process. Steps have been taken to ensure fair and objective appraisal of all magistrates.
- The SJC has approved an Analysis and report for the first six months of 2013 in relation to the Timetable for implementation of the measures laid down in the Strategy to Prevent and Counter Corruption in the Judiciary.
- The BPO has taken organisational measures to improve the work of execution of sentences.
- A functional analysis of the structure, procedures and organisation of the prosecutor’s office has been prepared to establish the current situation of the prosecution and investigation authorities and to form a clear vision about the prerequisites for reform. In this regard, an Action Plan for the period 1 September 2013 – 1 March 2015 has been drawn up and includes specific measures to implement the necessary reforms.
- The project Further building and improvement of the Unified Information System for Combating Crime and integration of the institutional information systems with the UISCC core whose beneficiary is the BPO was completed. The system allows for real-time tracking of 109 standardised events. The Directorate General for Security and the Directorate General for Execution of Punishments at the MoJ signed separate agreements under OP Administrative capacity, thereby securing the funds needed for the completion of the UISCC. These directorates are expected to be integrated into the UISCC in 2014 when the system will start operating in its entirety, having also covered the last stage of the criminal process.
- The draft new Penal Code is to be finalized to the end of 2013, and proposed for discussion to the SJC and to the public.
Combating corruption
- A specialised interdepartmental unit has been set up between the BPO and the SANS to support the investigation of pre-trial proceedings for crimes committed by judges, prosecutors and investigators.
- The practice for the conclusion of donation agreements in the MoI unless in the implementation of international agreements to which the Republic of Bulgaria is a signatory and joint projects has been suspended.
- An independent assessment of the impact of the Bulgarian National Strategy to Counter Corruption is underway.
- An Amendment Bill to the Prevention and Detection of Conflicts of Interests Act has been developed and one of its main goals is the effective imposition of sanctions with a preventive effect.
- Action has been taken to make changes in the system for declaring and inspecting the financial interests of high-ranking public officials.
- A trend for a reduction in the number of cases remanded by the prosecutor’s office and the court for further investigation is observable.
Combating organised crime
- A draft new MoI Act has been developed which differentiates and provides for the powers and responsibilities of the MoI political and professional management, accurately defines the functions and activities in the MoI and the structure is optimised. It is expected to be approved by the CoM.
- The NA has passed an Amendment Act to the SANS Act whereby the scope of competence of the SANS has been expanded with new activities related to the protection of national security against infringements and the DGCOC is transferred from the MoI to the SANS.
- Amendments to the Special Intelligence Means Act have been adopted which help to achieve heightened control and greater effectiveness in the implementation of SIMs as well as better opportunities for parliamentary and judicial control.
- New Rules for coordination and interaction between the BPO and the MoI on operational cases and cases files, inspections and urgent initial investigation activities have been adopted. The Rules provides for the supervision for legality exercised by the BPO, including with regard to establishing the property status of suspects.
- The NA and the President’s Office have adopted procedural rules for the election of CFIAA members. All main principles of publicity have been observed in determining the composition of the Commission.
- An Instruction of the procedure and terms for interaction between the CFIAA, SANS, MoI, authorities with the Minister of Finance and the Bulgarian Prosecutor’s Office has been signed whereby synchronisation in the work of the institutions and the information exchange has been achieved.
- An Agreement to create joint investigation teams between the CFIAA and the BPO has been signed identifying specific measures to exchange information and cooperate in cases of inconsistencies between the income of persons being investigated and the property they own as well as in the process of establishing whether it has been acquired lawfully.
- The amount of the assets forfeited as a result of the work of the CFIAA as of 10September 2013 is BGN10,266,614.74. It is expected that, by the end of 2013, the amount of the assets forfeited will have reached approximately BGN15 million.
- To overcome deficiencies in cases of high public interest, international expertise has been provided and the following have been prepared: an SJC analysis following meetings by appellate regions; an analysis of the corruption cases by the BPO; a report of the Specialised Prosecutor’s Office on the work of cases for tax offences. The SJC has organised a discussion forum on Factors leading to unjustified delay in criminal procedure and the flow of cases of high public interest which are monitored by the European Commission; a working meeting has been held at the MoJ to identify measures to improve the work at the pre-trial phase.
v REFORM OF THE JUDICIAL SYSTEM
BENCHMARK 1: Adopt Constitutional amendments removing any ambiguity regarding the independence and accountability of the judicial system.BENCHMARK 2: Ensure a more transparent and efficient judicial process by adopting and implementing a new judicial system act and the new civil procedure code. Report on the impact of these new laws and of the penal and administrative procedure codes, notably on the pre-trial phase.
BENCHMARK 3: Continue the reform of the judiciary in order to enhance professionalism, accountability and efficiency. Evaluate the impact of this reform and publish the results annually.
RECOMMENDATION: Renew the Supreme Judicial Council with a mandate to undertake fundamental reform.
Election of Supreme Judicial Council members
The election procedure of the new SJC was held under the new rules of transparency and competitiveness.
The members of the new SJC from the parliamentary quota and the professional quota were elected in accordance with the new rules laid down in the JSA, involving the civil society with an active role in the election process. Non-governmental organisations, higher education institutions and research organisations had the opportunity to send opinions about the candidacies and to raise questions to be addressed to the candidates during the hearings.
The new rules have raised the expectations to the candidates, including presentation of the motivation submitted by the person making the nomination and a personal presentation of candidate’s concept. A crucial aspect of the new elements in the procedure was that the candidates had to respond to questions raised by both Members of Parliament and delegates of the general delegates’ assemblies (respectively from the parliamentary quota and the professional quota) and by the non-governmental sector. The magistrates’ integrity and professionalism are brought to the fore.