site.btaEU Law Non-Implementation Is Fundamental Issue in Bulgaria, Ex-ECtHR Judge Says

The non-implementation of European Union law is a fundamental issue in Bulgaria that needs to be addressed comprehensively, former European Court of Human Rights (ECtHR) judge Yonko Grozev told BTA's Sofia Gospodinova.

He stressed that the problem goes beyond the context of LGBTIQ rights. On Thursday Grozev took part in an international conference on LGBTIQ+ rights in Europe, hosted by Institut français in Sofia.

According to Grozev, progress on LGBTIQ rights could come either through a change in the case-law of the Supreme Court of Cassation or through legislative amendments. However, he does not see readiness or willingness for taking such steps because current political priorities lie elsewhere and, to some extent, taking a stand against the European Union helps enlist domestic political support.

Grozev raised the question of how Bulgaria can remain in the EU if it persistently fails to fulfil its obligations within the Union. "The challenge is to explain to Bulgarian citizens that such non-compliance could have negative consequences for the country," he noted.

He regrets to say that if this risk materializes, it would likely take the form of significant financial sanctions against Bulgaria. The issue of EU law implementation concerns the governance of the judicial system, the Supreme Judicial Council, and the overall functioning of this governance in Bulgaria.

He argued for the need of greater understanding that this is not merely a domestic political issue but relates to honouring commitments within the European Union. "The rule of law is one of the core obligations Bulgaria has assumed," Grozev said, emphasizing that a failure to take adequate measures in this respect could entail adverse financial effects.