Bulgarian President Returns Surveillance Act Amendments to Parliament

Bulgarian President Rosen Plevneliev has returned to Parliament provisions of the Law on Amending and Supplementing the Special Surveillance Devices Act, according to the press office of the head of state.

Plevneliev expresses support for provisions of the Law aimed at providing greater control over the deployment of special surveillance equipment, as well as provisions aimed at restricting the excessive use of such devices.

He expresses reservations against certain provisions, specifying that they contradict basic constitutional principles.

The President explains that the powers of the newly created National Bureau for Control over Special Surveillance Devices to request information and to issue binding instructions to the bodies which authorize, use, and apply special surveillance devices constitute inadmissible intervention into the work of the investigative bodies and the court.

He emphasizes that the independence of the judiciary is guaranteed by Bulgaria's Constitution.

"Bulgarian legislation requires the investigative bodies and the court to act within the frames of the law and to take decisions by inner conviction. The introduction of a legal opportunity for a body outside the judiciary to interfere in the formation of the magistrates' inner conviction threatens the independence of the judiciary and may substantially obstruct the normal functioning of these bodies," Bulgaria's head of state declares.

The President believes that these provisions need to be reconsidered and amended so as to not contradict basic constitutional principles.

Plevneliev also expresses disagreement with the provisions on parliamentary control.

"It is a good and necessary solution, but it must also be regulated in line with the Constitution and the practice of the Constitutional Court," he adds.

The President believes that it is inadmissible for MPs to exercise parliamentary control over judicial rulings and the inner conviction of magistrates and investigative bodies.

He also suggests that the provisions on parliamentary control over the deployment of special surveillance equipment can achieve the desired effect if it is drafted in line with the principles of separation of powers and recognition of judicial independence.

Bulgaria's President expresses hopes that his motives will be accepted and the Parliament will reformulate the provisions in line with the Constitution.

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