Bulgaria's Judicial Council Blasts Govt over Judiciary Law

Bulgaria's Supreme Judicial Council has slammed what the judges see as the government's attempt to control them. Photo by BGNES

Bulgaria’s Supreme Judicial Council has issued a devastatingly critical position with respect to draft amendments to the Judicial Authority Act proposed by the Borisov Cabinet.

Just two days after the European Commission lauded the Bulgarian government in its annual progress report, and criticized the judiciary for failing to reform, the Supreme Judicial Council (VSS) has defined the changes proposed by the Cabinet as “unconstitutional” and “detrimental”.

According to the VSS, the supreme body of the Bulgarian judiciary which appoints and can remove magistrates, the draft amendments to the Judicial Authority Act such as introducing “admission” for the members of the Council, new rules for court officers, and introducing an open ballot for the appointment of new magistrates.

“The idea to have the members of the Supreme Judicial Council undergo a reliability test by the bodies of the executive branch threaten the constitutional principle of separation of powers,” believe the VSS members.

The proposed “admission” procedure, i.e. inspecting the candidates to become members of the VSS, would allow the Interior Ministry and the intelligence services to investigate all aspects of the life of the members of the judicial body, according to its members. At the same time, the State Commission for Information Security, which will be administering the “admission” of future magistrates, does not disclose the motives for its decisions, and its rulings cannot be appealed.

“By denying a certain candidate admission to the VSS, the executive branch will be intervening in the work of the judiciary, and will impede its independence,” believe the judges.

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