Bulgaria's National Assembly on Friday opened a first-reading debate on a bill to amend and supplement the country's Constitution. The draft legislation, signed by 166 MPs of GERB-UDF, Continue the Change - Democratic Bulgaria (CC-DB) and the Movement for Rights and Freedoms (MRF), was submitted to Parliament's registry on July 28.
The Debate
GERB leader Boyko Borissov: The judicial reform is the most important aspect of the revision of the Constitution.
Constitutional Affairs Committee Chair Radomir Cholakov MP of GERB-UDF: For ten years now, the Venice Commission has insisted that the Supreme Judicial Council be divided into two. For some reason, they like this, but they should realize that we are unable to act on this recommendation because of constitutional limitations. Of 21 written observations received at the Constitutional Affairs Committee, 20 argue against such division, and only the Bulgarian Helsinki Committee insist on it. GERB-UDF have tabled two motions: one that the legislature should not be dissolved even in a cabinet crisis, and another one about the SJC Inspectorate. Precisely the latter motion has drawn heavy fire and will be adjusted. All criticisms are being reckoned with.
Hristo Ivanov MP of CC-DB: The bill that is presented to you seeks to enable us to attain the European standard of judicial independence. In this connection, we must address the issue of the prosecution service, to have a depoliticized, independent, democratically accountable and efficient prosecuting magistracy.
MRF Deputy Floor Leader Hamid Hamid: The MRF will reckon with the criticisms about the bill amending the Constitution, including criticism from the opposition. This draft legislation is tabled jointly by three parliamentary groups. Our draft concentrated mainly on the provisions of Chapter Six [Judiciary]. We believe that these proposals by no means alter the manner of functioning and separation of powers and fall entirely within the competence of an ordinary national assembly. We agree with part of the criticisms by members of the judicial system and will take them into consideration. A large part of the criticisms by the academic community are justified, too. The provisions that are feared to intrude into the competence of a grand national assembly will be streamlined very carefully.
Vazrazhdane Deputy Floor Leader Petar Petrov: The proposed constitutional amendments target a take-over of the leadership positions in the judicial system. Precisely for this reason our parliamentary group will stay out of this the latest in a series of simulative constitutional reform. This is the case because this bill is destructive.
BSP for Bulgaria Floor Leader Korneliya Ninova: The proposed revisions will be pronounced unconstitutional because they are in the purview of a grand national assembly and not in the purview of the incumbent parliament. All professional bodies: prosecutors, investigating magistrates, scholars, lawyers, legal experts, constitutional law experts, both former and present, have expressed nearly 50 negative opinions on this bill, and not one favourable opinion. The legislation moved by the ruling majority will not get a single vote in favour from BSP for Bulgaria.
There Is Such a People Floor Leader Toshko Yordanov: The CC-DB movers of the bill are legal castrates. The bill is stupid and harmful because GERB and the MRF will ultimately cut off everything they do not like and will leave provisions that will perpetuate their leveage in the Constitution.
/КК/
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