Draft EC Report on Bulgaria's Judicial Progress to Stir Objections

The contentious staff policy practiced by the Bulgarian Supreme Judicial Council (VSS) has found its way into the forthcoming draft report of the European Commission (EC) on Bulgaria's progress on judicial reform and the fight against organized crime and corruption.

Other highlights include Bulgaria's failure to adopt a law on the con?scation of assets gained from illegal activity and the lack of an efficient conflict-of-interest oversight body.

The draft report has been sent to the authorities in Sofia and will be officially published by the EC on July 20.

Bulgaria's Justice Minister Margarita Popova has expressed optimism that EC's annual monitoring report under the so called Cooperation and Verification Mechanism will give a "positive" assessment of the situation of the Bulgarian judiciary.

The preliminary version of the document is expected to undergo revisions due to the anticipated objections on the part of the Bulgarian government and the political ramifications of the document, especially as regards the country's Schengen bid.

Sources familiar with the matter, as cited by Bulgarian Dnevnik daily have said that this is the first report which attempts to treat separately the problems of the investigation and the prosecution from those of the court.

According to EC's report, the fact that charges are often raised and no conviction is subsequently imposed is due to the insufficient evidence. The document emphasizes the problem that people get arrested and charged first, after which the actual evidence collection starts.

The draft paper also urges greater transparency in the appointment of magistrates. The resignations of VSS members Kapka Kostova and Galina Zaharova, the recent boycott of the election of their replacements and the call of the Union of Judges in Bulgaria (UJB) for the dissolution of VSS, also receive prominent mention.

Sources close to the matter have claimed that the report contains untrue facts which have already stirred objections. The document reportedly says that two former ministers have been acquitted since the summer of 2010, while the actual number is one, ex Defense Minister Nikolay Tsonev. Another false allegation is that cases involving EU Funds abuse get regularly suspended, while only one such trial has actually been closed.

The preliminary version of the report provides no explicit comment on the boycott staged by MPs of ruling party GERB against the draft bill authorizing widespread confiscation of illegally obtained assets without a conviction.  Despite that, the EC authorities stress hat the law is interpreted as the most powerful sign of the government's fight against corruption.

EC's comments on the specialized court and prosecutor's office once again remain neutral, as Brussels waits to see the bodies established and functioning. The main why the European experts refrain from posting an evaluation is that the specialized treatment of financial crimes and money laundering has long been recommended by EC itself.

The document also registers the amended Criminal Procedure Code, Judiciary Act and Conflict Of Interest Act, concluding, however, that reforms in the country remain only on paper.

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