site.btaCommission for Protection against Discrimination Members Not Liable for Official Acts Except in Cases of Intentional Crime, Parliament Decides

Members of the Commission for Protection against Discrimination (CPD) will not bear criminal or civil liability for their official actions and acts, except in cases of intentional criminal offences, according to amendments to the Protection against Discrimination Act adopted at first reading by Parliament on Thursday. The amendments were submitted by the Council of Ministers.

The proposed changes aim to ensure the independence and freedom from external influence of CPD members, the bill's explanatory notes state. Currently, Bulgarian legislation does not contain an explicit provision guaranteeing the independence of CPD members in the performance of their official duties. This creates an opportunity for the independence of both the institution and its members to be challenged, the arguments say.

Parliament also added that, after obtaining the prior consent of the person concerned, the CPD may appeal administrative acts issued in violation of this or other laws regulating equality of treatment, initiate court proceedings and join cases brought under this law or other laws regulating equality of treatment as an interested party.

Anyone who commits discrimination within the meaning of this law will be subject to a fine ranging from EUR 500 to EUR 2,000, unless subject to a more severe penalty, the MPs voted.