Parliament Adopts Update of
Judicial Reform
Strategy


Sofia, January 21 (BTA) - Parliament approved Wednesday an
update of a strategy for reforming the judiciary. The update was
proposed by the government, revised on a motion by Mihail Mikov
of the Left and supported by 173 MPs. Four voted against and 18
abstained. Justice Minister Hristo Ivanov warned that "we would
have wasted our time unless we make tangible steps in the
judicial reform this year".

Ivanov hopes that the Wednesday debate in Parliament will be
reflected in an upcoming European Commission report on
Bulgaria's progress in fighting organized crime and corruption
and reforming the judiciary, but is aware that it will not
change its essence. "It will say what all Bulgarian citizens
see: the judicial system is not reformed, does not work well
enough, has issues and that we have made a promise [for reforms]
today does not change the facts."

The legislature approved the strategy update as a basis for
legislative changes, government action and analysis of the
constitutional framework concerning the judiciary.

In the document that was approved, the Supreme Judicial Council
(SJC), which is the top administrative authority in the
judiciary, will remain a standing body - contrary to the plans
of Justice Minister Hristo Ivanov to make it an ad hoc body.

The role of the SJC inspectorate for ensuring the independence
of the judiciary and accountability will be enhanced; the
requirements for magistrates running for jobs as administrative
leaders will be heightened; the membership of magistrates in
secret societies and organizations.

The update debate as a message to Brussels

Justice Minister Ivanov said at the start of the debate on the
strategy that it will send a message to Brussels that the
judicial reform is a national priority.

"Despite the limited time we have until January 28 when the
European Commission is expected to release its report, we
decided to put forward the strategy and
ensure the broadest possible support from the political forces
and show a political resolve to seriously reform the judicial
system," Ivanov said.

He argued that this is the only nationally responsible thing to
do.

The Justice Minister said that the upcoming report of the
European Commission, which he said will be "negative and
sobering up" should not be followed by an exchange of
accusations about who did what. "The report should find us
discussing what should be done to deal with this situation."

He said that it would have probably been much easier for the
government to adopt the reform strategy update, report it to
Brissels and then, when the negative report comes, to say that
we have done what we could and that the negative report is the
previous government's fault.

The Minister's implication was that it is not the government's
idea.

"Our goal is not to tie up the hands of the legislature and
impose decisions which have been made in advance. Obviously, the
final decision will be made by Parliament."

After the document was adopted, Ivanov commented that the reform
strategy update tries to tackle all issues in the judiciary,
from the management of the system to education in law, the
workload and distribution of the human resources, the job
competitions, the assessment, disciplinary proceedings and human
rights safeguards.

"Let us show readiness to discuss and carry through
constitutional changes in the model of the Supreme Judicial
council because it has become clear during the years that this
body has malfunctions," he added.

He was adamant that the strategy update does not aim to solve
personnel issues and pave the way for the replacement of one or
another member of the SJC. "It tries to address systemic
issues."

He denied speculations that a candidate of the Reformist Bloc is
about to head the Supreme Administrative Court.

He said that the most important thing from now on is to hold a
serious debate on the model for reforming the SJC and other
possible constitutional changes.

He said that the government will seek support and that talks are
upcoming with BSP and the other political forces which have
declared readiness to support the reforms. LY/LN/



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