The EC presented a report on the rule of law in the member states



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The EC presented the reports on the rule of law in the member states of the Union. With regard to Bulgaria, judicial reform is said to be a gradual process with important consequences for judicial independence and public confidence. Challenges remain in finalizing the process of reform of legal procedures that affect the effective accountability and criminal responsibility of the Attorney General. This should be done taking into account the opinion of the Venice Commission. The composition and functioning of the Supreme Judicial Council and its inspection body are also subject to further debate, leading to new reform proposals, the EC said. More generally, an increase in attacks against the judiciary has been reported, with no response from the competent authorities. The controversial provisions relating to the automatic dismissal of magistrates in the event of a criminal investigation and the obligation of magistrates to declare their membership in professional organizations have been repealed.

GERB: objective and positive report from the EC

In 2017 and 2018, Bulgaria carried out a comprehensive reform of its anti-corruption legal and institutional systems. The reform has led to better cooperation between the competent authorities. And in the first half of 2020, a series of high-level investigations were launched and charges were brought in several cases. The new reforms provide public access to the property and tax returns of senior government officials, which can be considered good practice. However, significant challenges remain, as illustrated by opinion polls, which show a very low level of public trust in anti-corruption institutions. The lack of results in the fight against corruption is one of the key issues raised during the protests in the summer of 2020. A serious follow-up to final sentences in high-level corruption cases must also be established.

Better and more effective communication in the development and implementation of the anti-corruption strategy would be beneficial, says our country’s report. It is important that the authorities have sufficient resources to be able to fight corruption effectively. There is a legal framework for conflicts of interest, but concerns remain about this lobbying, which remains unregulated by law, and the transparency and visibility of the country’s legislative process.

BSP: The EC report does not surprise us (VIDEO)

With regard to media pluralism, the Bulgarian legal framework is based on a set of constitutional guarantees and legislative measures, such as the Radio and Television Law, which are often not effectively applied in practice. The Audiovisual Media Regulatory Authority (CEM) considers itself independent and transparent in its activities, but the Authority lacks the resources to carry out its tasks effectively. The lack of transparency of media ownership is considered a cause for concern. The legal framework against political interference in the media does not explicitly prohibit politicians from owning publications, and links have been established between political actors and some media. Several media freedom associations reported physical or online attacks on journalists.

Issues related to the principle of interdependence and interdependence of authorities include concerns about the limited use of public consultation and impact assessment in the legislative process. Despite their limited resources, the functioning of national human rights institutions continues to improve. The already limited civic space in Bulgaria may be further affected in view of a new bill on foreign NGO funding.

“Bulgaria thanks the EC for this report, which reviews the implementation of the rule of law. The report is positive, objective and clearly describes the results of the cooperation with the EC,” said Justice Minister Desislava Ahladova. “The EC focuses on areas that respect the rule of law in the EU, these areas coincide with the government’s priorities. The EC welcomes the reform of anti-corruption legislation and the institutional framework in Bulgaria,” Ahladova added.

Regarding the report, President Rumen Radev commented: “I have been making these findings for a long time. They were late.”

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