The Commission came up with a critical report on the progress made by Bulgaria
It has been eight years since Bulgaria’s accession to the EU and our country continues to be an object of a special monitoring in the framework of the Co-operation and Verification mechanism applied by the European Commission. Today the Commission came up with a critical report on the progress made by Bulgaria in the field of justice and internal affairs, without hints about the possibility of lifting the monitoring. Once again, the identified problems are related to the independence and efficiency of the judiciary, countering corruption and organised crime. EC recommends that the efforts for stabilising the rule of law continue, especially focusing on the importance of the updated judicial reform strategy.
In this context, we cannot escape but share the conviction that the presence of such mechanism for eight years after our accession in the EU is itself a disturbing state of affairs. There have been four consecutive governments, which have been unable neither to overcome the weaknesses in the judicial and law enforcement systems, nor to consolidate Bulgaria as a fully-fledged actor in the European process. The presence of such mechanism and the spillover from report to report with the same observations, conclusions and formulations undermine both the image and authority of the Bulgaria and the trust in the European institutions and their ability to guarantee the actual integration of the new Member States to the standards of the European rule of law.
The critically low trust rates of the Bulgarian citizens in the judicial system
The endless continuation of the Co-operation and Verification Mechanism is a cul-de-sac requiring the careful reflection on the situation and undertaking decisive measures beyond the usual abstract formulations and institutional rhetoric. Achieving a real breakthrough in dealing with the rule of law problems in Bulgaria is of essential importance, especially considering the critically low trust rates of the Bulgarian citizens in the judicial system and the increasingly discernible anti-democratic and Euro-sceptic tendencies emerging in our society as a result of the inability to guarantee a real rule of law supremacy.
Urgently needed to undertake actual measures
In order to avoid all of this, it is urgently needed to undertake actual measures and to continue with the already launched ones in several main directions:
* Curbing the tendencies of dependence and illegitimate influences on key units within our judiciary system;
* Guaranteeing the real independence of the judiciary through limiting the role of the administrators, detailed rules for secondments, appraisals and disciplinary proceedings against magistrates;
* Increasing the autonomy of the different units within the judicial system through launching decision-making processes in common assemblies of the magistrates;
* Reforming the investigation and accusation processes in order to provide guarantees for the effective judgement and punishment to severe harm actions done against the rule of law in Bulgaria and in particular to allow the achievement of real results in the fight against corruption and organized crime;
* Introducing an effective mechanism for controlling the property status of the magistrates and related persons;
* Binding the changes in the judiciary system with a clear reform strategy in the internal order system while guaranteeing the optimal structure, modernisation and adherence to the European standards about the functioning of the internal security apparatus.
We are convinced that the realisation of an actual judiciary and law enforcement reform cannot materialize if the debate on the required changes is restricted to a strictly expert environment. Those who are primarily concerned with the fully functioning rule of law and internal order systems are the Bulgarian citizens, who are the ones able to provide the necessary energy and impetus for conduction of actual reforms.
MOVE.BG will set out the major challenges to judicial reform in a detailed but accessible way
Because of this, MOVE.BG is going to organise a series of initiatives aimed at the inclusion of a wide spectrum of citizens and civil organisations in the judicial reform debate, thus facilitating the realisation of a functioning rule of law system in Bulgaria. The main challenges facing the judicial reform will be analysed both in detail and accessibly. Through informing, clarifying, providing a stage for confrontation between the different arguments and proposal and idea formulation, the necessary consensus and common will for a concrete, decisive, through and lasting judicial system change can be achieved.
By following this scenario only, the endless analyses and reports about the problems of the judicial and law enforcement bodies can be halted and the trust of the Bulgarian society in the competent institutions re-built. This is the road that will help out country overcome the weaknesses in the functioning of the rule of law and gain the necessary credence in our European partners.
We are looking for solutions to save Bulgaria! Join us!
Photo: eksa.org
