site.btaBulgarian Judges Fed Up with Being "Guinea Pigs" of Bulgarian Political Power, EU General Court Judge Says

"I can sense a ubiquitous apathy and despondency in the ranks above all of Bulgarian judges. They are apparently sick and tired of being the 'Guinea pigs' of Bulgarian political power," Assoc. Prof. Dr Alexander Kornezov, judge at the EU General Court, said here on Tuesday during a discussion on "Where to Next with the Judicial System?", organized by the Bulgarian Institute for Legal Initiatives.

In his words, Bulgarian citizens obviously feel a lack of justice and equality before the law.

Kornezov pointed out further that the independence of the Bulgarian court is also a matter of EU law. He commented that the Court of Justice of the European Union is competent to see to the observance of the principle of the rule of law in each Member State and, hence, the independence of the judicial system. "The EU Court guarantees the independence of the Bulgarian court," General Court judge said. 

He recalled that, according to a recently adopted decision, acting on a proposal from the European Commission, the Council of the European Union may suspend EU funding if an erosion of the rule of law is found in a particular Member State.

In the same discussion, Prof. Dr Ekaterina Mihaylova addressed the question of the types of majority votes by which the National Assembly passes resolutions when electing the personnel management bodies in the judiciary. She argued that the simple majority was not a good option because it made the election party-dependent. On the other hand, the advantages of a qualified majority that Parliament introduced are ambiguous. Mihaylova recalled that a qualified majority was used for the first time in 2007 to elect an Inspectorate with the Supreme Judicial Council.

"The principle of fixed terms in office is eroded by the perpetual holders of certain positions for lack of other candidates," Mihaylova commented. She noted that people have realized that it is harmful and dangerous for a person to hold an office for a long time because they come under the influence of power.