Theodora Savova
One of the measures is the Preventing and Counteracting Corruption in Bulgaria is the Judiciary, Ministry of Interior and Supervisory Bodies among the priorities of the state policy for preventing and counteracting corruption outlined in the National Strategy for Preventing and Counteracting
Corruption in Bulgaria (2015 - 2020) is enhanced supervision through analysis and verification of declarations on conflict of interest and property status of magistrates .
The amendments to the Constitution of the Republic of Bulgaria from 2015 and the amendments to the Judiciary Act from 2016 provide for enhanced supervision through analysis and verification of declarations on conflict of interest and property status of magistrates and systems for verification of the integrity of the employees in these structures.
In view of the new powers granted to the Inspectorate at the Supreme Judicial Council (ISJC) related to magistrates' integrity checks, Bulgaria requested technical assistance from the Office for Support of Structural Reforms (SPSS) under the Structural Reform Support Program (SRSP) in order to strengthen the capacity of the ISJC for preventing corruption. In October 2017 the project was approved for funding. The main objective of the project was to increase the effectiveness of ISJCs integrity checks to a level consistent with that carried out by judicial inspectorates of the Member States, by examining the powers, methods and means by which these checks are carried out and their practical application.
The project examined the experience and good practices of the French and Spanish inspectorates in the field of deontology, compliance with ethical rules and inspections, including the submission of declarations of assets and interests by magistrates. Good practices and models of judicial inspection have been identified, with a focus on integrity checks, which, if compatible with the ISJC's constitutional framework and legislation, will serve to initiate future legislative changes to the Judiciary Act (JA) and for changes in the internal acts of the ISJC.
In the next strategic period, a draft law amending the Judiciary Act should be prepared. The draft should incorporate, after discussion, proposals for changes by the ISJC on integrity checks, disciplinary liability of magistrates, establishment of a system of deontological prevention, declarations on assets and interests under Section Ia of Chapter Nine Status of Judges, Prosecutors and Investigators of the JA, as well as on the status of the Inspectorate and the inspectors in the system of the judiciary: MPs should propose candidates for inspectors from among the persons nominated by the Plenums of the Supreme Court of Cassation (SCC) and the Supreme Administrative Court (SAC), by professional organizations or, following the example of the election of members of the Supreme Judicial Council (SJC) from the professional quota, by the General Meetings of Judges, Prosecutors and Investigators, regarding the budget of the ISJC. Following the drafting and adoption of a draft law amending the Judiciary Act related to the changes regarding the ISJC, a working group should be established with representatives of the ISJC, the SJC, the Ministry of Justice (MoJ) and the NCACP to discuss the need of including other activities for preventing corruption of the employees in the judiciary, and where necessary to make proposals for updating the current strategy.
