EC is satisfied with the constitutional changes in Bulgaria, expects results from corruption cases

The European Commission on July 24 presented the annual reports on the rule of law in EU countries. The section on Bulgaria notes that the country has adopted a comprehensive constitutional reform to improve the independence of the judiciary and address long-standing concerns in this area.

The report says that the reform anchors the mechanism for the accountability and criminal liability of the Prosecutor General in the Constitution, which was also recently used in practice; it limits his/her powers; and divides the Supreme Judicial Council into two separate councils.

The EC takes note of the reform of the Commission for Counteracting Corruption and Illegal Assets Forfeiture which was divided into two separate bodies (the Anti-Corruption Commission and the Commission for Illegal Assets Forfeiture. Brussels notes that it still expects solid results in high-level corruption cases.

Serious gaps remain in the integrity of top executive functions. Rules on asset and interest disclosure for public officials are systematically implemented, but the effectiveness of verifications and sanctions is lacking.

Work proceeded on legislation to regulate lobbying and make it more transparent, although it is still at early stage and will need to be adopted by the Government.

Investigations and legal proceedings linked to the abolished investor citizenship scheme continued.

Concerns remain about the lack of sufficient safeguards to secure the independence of the media regulator. Notwithstanding the existence of several registers for media ownership information, shortcomings regarding the enforcement of the media ownership disclosure obligations remain.

There has been some further progress as regards transparency in the allocation of state advertising. While legal safeguards for editorial independence are in place, indications of political and economic influence over the media remain. The Government has resumed the work on a draft law to strengthen the independence of public service media, while the media regulator has not yet appointed a new Director General of the national television.

The positive trend as regards access to public information continues although some obstacles remain. While the Government has taken steps to protect journalists from strategic lawsuits against public participation, journalists continue to encounter various difficulties and threats in their activities.

The report raises concerns about the fact that a significant number of independent and regulatory bodies continue to operate with expired mandates.

Overall, concerning the recommendations in the 2023 Rule of Law Report, Bulgaria has (made):

• Some further progress on taking steps to adapt the relevant legislative framework to avoid long-term secondment of judges to fill in vacant positions, taking into account European standards on secondment of judges.

• Some progress on advancing with the preparation of legislative amendments aiming at improving the functioning of the Inspectorate to the Supreme Judicial Council and avoiding the risk of political influence, in particular by involving judicial bodies in the selection of its members.

• Fully implemented the recommendation to step up efforts to adapt the composition of the Supreme Judicial Council, taking into account European standards on Councils for the Judiciary.

• No progress yet on ensuring an improved effectiveness of investigations and a robust track record of prosecution and final judgments in high-level corruption cases and significant progress on the institutional reforms of the Anti-Corruption Commission.

• No progress on improving the integrity of top executive functions, taking into account European standards, in particular by ensuring that clear integrity standards for the Government as well as an appropriate sanctioning mechanism are in place.

• Some further progress on advancing with the work aimed at improving transparency in the allocation of state advertising, in particular with regard to state advertising contracted through intermediaries, such as media agencies.

On this basis, and considering other developments that took place in the period of reference, and in addition to recalling the relevant commitments made under the Recovery and Resilience Plan and the relevant country-specific recommendations under the European Semester, it is recommended to Bulgaria to:

• Take steps to adapt the relevant legislative framework to avoid long-term secondment of judges to fill in vacant positions, taking into account European standards on secondment of judges.

• Advance with the draft legislative amendments aiming at improving the functioning of the Inspectorate to the Supreme Judicial Council and avoiding the risk of political influence, in particular by involving judicial bodies in the selection of its members.

• Take forward the plans to adopt a mechanism for introducing safeguards in the appointment procedure of the Parliament-elected members of the Supreme Prosecutorial Council, ensuring their independence and taking into account European standards, particularly in view of the Council’s role in the appointment and dismissal of the Prosecutor General.

• Ensure a robust track record of investigations, prosecutions and final judgments in high-level corruption cases and the effective performance of the Anti-Corruption Commission.

• Improve the integrity of top executive functions, taking into account European standards, in particular by ensuring that clear integrity standards for the Government as well as an appropriate sanctioning mechanism are in place.

• Further advance with the work aimed at improving transparency in the allocation of state advertising, in particular with regard to state advertising contracted through intermediaries, such as media agencies.