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Prosecution Magistracy
Proposes
Reforms in Own Ranks


Sofia, November 25 (BTA) - The prosecution magistracy Tuesday
unveiled a plan for reforms in its own ranks, including a
division of the Supreme Judicial Council (SJC) into two
colleges: of justices and of prosecutors. They insist that the
SJC should remain a standing body.

The reform plan is announced a day before a discussion on a
reform strategy update put forward by Justice Minister Hristo
Ivanov. The key ideas appear to overlap.

A difference is that the reform strategy update of the Justice
Ministry envisages that the SJC meets only for sessions rather
than operate as a standing body.

The prosecutors also propose that prosecutors and investigators
should be elected directly in a transparent procedure following
a nomination and discussion of the qualities of the candidates.
There will be separate inspectorates, one for judges and one for
prosecutors and investigators, to oversee the progress of
cases.

Another proposal is that the disciplinary liability of
magistrates will be considered by a disciplinary court staffed
by magistrates outside of the SJC who are elected by the same
bodies and under the same procedure as the SJC members.

The reform plan introduces clear distiction between the
administrative functions of the administrative leaders of the
prosecution offices from their magesterial obligations and
detailed rules for assessment of the administrative leaders.

The prosecution service will be decentralized. A system of
additional safeguards of prosecutorial independence will be set
in place. Any prosecutor will be able to contest instructions
from a superior when they go against his inner conviction.

The proposed reform provides for improving the capacity of the
specialized prosecution offices by allowing them to focus on the
gravest forms of organized crime, broadening the competence of
investigators and setting in place clear rules for assignment of
cases for investigation to the National Investigative Service
by the Prosecutor General.

The reform plans envisage the options of hearings by the SJC and
Parliament of the Prosecutor General to report the annual
performance of the prosecution magistracy. Once in six months,
the Prosecutor General may report to the SJC the progress of
cases of corruption and organized crime, as well as cases
against magistrates and senior office holders.

The proposed reforms were submitted Tuesday by Prosecutor
General Sotir Tsatsarov to the competent Deputy Prime Minister,
Meglena Kuneva. PK/LN/