site.btaCounter-Corruption Commission to Be Elected by Simple Majority

Bulgaria's Parliament on Friday voted, 120-47 with 22 abstentions, to adopt at first reading one of three bills amending the Counter-Corruption Act. The draft legislation was moved by GERB-UDF Deputy Floor Leader Raya Nazaryan and a group of MPs of the ruling coalition.

Two other bills, tabled by Continue the Change-Democratic Bulgaria (CC-DB) and Vazrazhdane, were rejected.

The legislature gave MPs three days to submit proposals before the amending bill comes up for a second and last reading. 

The amendments proposed by the ruling majority replace the majority by which Parliament elects the members of the Counter-Corruption Commission (CCC) from two thirds or 160 votes to 50% plus one or 121 votes.

The bill enables the nomination board formed for the election of CCC members to meet and act by a two-thirds majority when so required by objective circumstances. The scope of the law is to be extended to certain categories of public office holders in order to close gaps in current legislation.

"The two-thirds majority in the previous version of the law must be reduced in line with last year’s Constitutional Court ruling," Nazaryan said. She added that the revisions fully comply with this country's obligations under the Recovery and Resilience Plan and take into consideration the upcoming election of the CCC members.

The CC-DB draft, submitted by Bozhidar Bozhanov and a group of MPs, which was rejected, also envisaged lifting the two-thirds majority requirement for electing the Commission members. The transitional and final provisions were to be amended to introduce a procedure for the provisional  performance of the functions of a temporary by the acting CCC members on a rotating basis until the election of a permanent complement of the Commission.

The Vazrazhdane bill, moved by Petar Petrov and a group of MPs, which, too, was defeated in plenary, would have extended the deadline for running integrity tests to five years after leaving public office and standardized the period for back checks to three years. The same draft legislation proposed the declaring of transactions in assets and interests at a value exceeding BGN 5,000 when the person tested has acted as an authorized representative of third parties and narrowing of the circle of persons required to declare assets and interests. When taking office, CCC members would also be required to declare liabilities to private creditors in an amount exceeding BGN 50,000.

During the debate, Petrov said that the bill moved by Vazrazhdane envisages protection of the state interest and the introduction of day-to-day scrutiny of the standard of living of public office holders as a new power.

Lena Borislavova MP of CC-DB argued that the ideas they promote address ways of preventing the ruling majority from abusing loopholes in the law or unclear provisions and from refusing to remove Anton Slavchev as incumbent CCC chair.

Alexander Rashev MP of There Is Such a People (TISP) commented that the CC-DB bill is drafted for the purpose of firing or hiring particular people. 

Hristo Rastashki of MECh pointed out that the reduction of the nomination board quorum to two-thirds of five members translates as 3.33. He insisted that the quorum be set at four-fifths, which means four members out of five.

Nazaryan explained that the quorum remains unchanged.

Nikoleta Kuzmanova MP of TISP explained that the idea of the motion is to enable the five-member nomination board to act even when one member is unable to attend.