site.btaInstitute for Legal Initiatives: Out of 130 Reports from State Institutions, Only 13 Reached the Plenary, 10 Were Adopted, and Half of Them Came from BTA

Tsvetan Tsvetkov, a former National Audit Office President, Tuesday said the Bulgarian Parliament owes a duty to the public since analysis shows that out of 130 reports submitted by 19 state bodies, only 34 were reviewed by parliamentary committees. Of those, just 13 reached the plenary and ten were approved, half of which came from the Bulgarian News Agency (BTA). Tsvetkov, who is a member of the expert team of the Bulgarian Institute for Legal Initiatives (BILI), presented its study titled "How (In)dependent Institutions Work."

Tsvetkov said this result can hardly be credited to the National Assembly, but rather reflects the ambition of BTA Director Kiril Valchev, who, having come from the corporate sector, strives to uphold the principles of good governance.

The analysis covered the 2020-2024 period.

BILI's analysis seeks to answer key questions: how independent are the 19 state institutions elected by Parliament, how do they operate in line with the principles of good governance, and how much do they cost taxpayers? The report's recommendations include targeted institutional reforms to strengthen the independence of state bodies elected by Parliament, the adoption of a pluralistic model for nominating their leadership, and the creation of an online portal where the annual reports of these state bodies would be published.

The presentation of the analysis was attended by representatives of state bodies and MPs. National Assembly Chair Nataliya Kiselova delivered a video address.

"The Bulgarian Parliament had long owed a duty to the public after years of failing to reconstitute the bodies whose terms had ended. This mistake has now been largely corrected as the 51st Parliament has been gradually replacing members whose terms have lapsed," Kiselova said. She emphasized that, for the first time, the independence of these bodies is being assessed based on international standards.

BILI's analysis also serves as an indirect assessment of Parliament's performance, said the Institute's Director, Bilyana Gyaurova-Wegertseder. Parliament still owes a duty to the citizens when it comes to the appointment of regulators, as key institutions, such as the Ombudsman, remain vacant, she said.

The analysis is based on information obtained under the Access to Public Information Act. One state body did not respond, and another provided only a partial response, but all the rest were very cooperative, the BILI Director said.

She also asked if all 19 state bodies are really necessary, or if some could be streamlined. In her view, the Committee for Disclosing the Documents and Announcing Affiliation of Bulgarian Citizens to the State Security and intelligence Services of the Bulgarian National Army, commonly known as the secret police files committee, could be restructured as a directorate within the State Archives Agency. "These institutions cost us an estimated BGN 38 million per month, and we must ask ourselves what we are getting for that money," Gyaurova-Wegertseder said.

Tsvetkov commented that although these 19 institutions are independent by law, in practice they cannot be considered as such. He explained what independence means: exercising their powers based on the law and professional competence, without fear of political pressure or outside influence.

Regarding the appointment of the leaders of these bodies, the expert noted that there is usually only one candidate, who is proposed by political parties or the Council of Ministers. There is no competition, and to a large extent civil society organizations have no chance to nominate candidates.

Parliament has even ensured that if professionals are appointed as heads of these state bodies, they can be dismissed without the right to judicial protection. According to Tsvetkov, the only safeguard is an appeal before the Constitutional Court initiated by MPs or the President. Therefore, the analysis recommends legal regulation of a procedure affording protection against arbitrary or politically motivated early dismissal of the heads of these state institutions.

None of these bodies has an independent budget; their funding is determined by the government. Two institutions, the Economic and Social Council and the Fiscal Council, do not even have their own budgets; their operating costs are covered as part of the National Assembly's budget, Tsvetkov said. Furthermore, only a very small number of these state organizations have strategies and operational plans.

Tsvetkov said those state bodies cost the budget BGN 500 million in 2024, with salaries accounting for 85% of that funding. In his view, there is no clear criterion for determining the staffing numbers of these bodies.

BILI recommends that a unified methodology be developed for setting the salaries of the heads of these state bodies. The latter should have independent budgets, and should prepare development strategies.