site.btaEC Releases Annual Rule of Law Report, Sees Some Progress Regarding Corruption Prevention in Bulgaria

The European Commission Wednesday put out the 2023 annual rule of law report. The chapter on Bulgaria reports the progress made in implementing the recommendations made last summer.

The report says that Bulgaria has made significant progress on ensuring timely ordinary competitions for promotion to avoid long-term secondment of judges to fill in vacant positions. Some progress is seen regarding corruption prevention measures aimed at improving the integrity of specific sectors of the public administration, including the police and the judiciary. Some progress has also been made on improving transparency in the allocation of state advertising, in particular with regard to state advertising contracted through intermediaries, such as media agencies.

No progress has been made on advancing with legislative amendments aiming at improving the functioning of the Inspectorate to the Supreme Judicial Council and avoiding the risk of political influence. No progress is seen yet on taking steps to adapt the composition of the Supreme Judicial Council, taking into account European standards on Councils for the Judiciary.

There has been no progress on improving the effectiveness of investigation and a robust track-record of prosecution and final convictions in high-level cases of corruption including through the institutional reform of the Anti-Corruption Commission and specialized judicial authorities.

Based on these findings, the Commission recommends that Bulgaria takes a number of steps:

• to adapt the relevant legislative framework to avoid long-term secondment of judges to fill in vacant positions, taking into account European standards on secondment of judges;
• to advance with the preparation of legislative amendments aiming at improving the functioning of the Inspectorate to the Supreme Judicial Council and avoiding the risk of political influence, in particular by involving judicial bodies in the selection of its members;
• to step up efforts to adapt the composition of the Supreme Judicial Council, taking into account European standards on Councils for the Judiciary;
• to esure an improved effectiveness of investigations and a robust track-record of prosecution and final judgments in high-level corruption cases including through the institutional reforms of the Anti-Corruption Commission;
• to improve the integrity of top executive functions, taking into account European standards, in particular by ensuring that clear integrity standards for the Government as well as an appropriate sanctioning mechanism are in place;
• to advance with the work aimed at improving transparency in the allocation of state advertising, in particular with regard to state advertising contracted through intermediaries, such as media agencies.

The general part of the report points out that Parliament adopted a law establishing a mechanism to ensure the effective accountability and criminal liability of the Prosecutor General and their deputies, as well as providing for judicial review of prosecutorial decisions not to open an investigation; and that steps have been taken to amend legislation related to the digitalization of justice. 

Bulgaria has begun a process of revoking Bulgarian citizenship previously granted under its (now abolished) investor citizenship scheme due to investors' failure to comply with the national legal framework, says the report.

On the other hand, the composition of the Supreme Judicial Council remains a concern; a robust track record of final convictions in high-level cases of corruption is still lacking; and serious gaps remain on integrity measures for top-level functions.

Delays in appointments to various independent authorities have emerged as a challenge in several Member States, including Bulgaria.

Commission reporting concluded that both Bulgaria and Romania have satisfactorily met the obligations set out under the Cooperation and Verification Mechanism (CVM) at the time of accession. “Residual final steps have now been taken and the Commission is launching the final steps towards the definitive closure of the CVM for the two Member States. The cooperation with Bulgaria and Romania will now take place under the annual Rule of Law Report cycle, and in the context of other parts of the rule of law toolbox, as for all Member States,” the Commission says.