The level of trust in the independence of the judiciary in Bulgaria is currently very low both among the general public and among businesses. It is necessary to undertake further reforms to bring the functioning of the authorities in line with European standards.
This is stated in the annual report of the European Commission /EC/ on the rule of law in Bulgaria, reported BGNES.
"24% of the population and 25% of companies perceive the level of independence of courts and judges as "fairly or very good" in 2024. The assessment of the independence of the judiciary among the general public has decreased compared to 2023 (30%), as well as in comparison with 2020 (37%). Confidence in the independence of the judiciary on the part of enterprises has decreased in comparison with 2023 (33%), as well as with 2020 (43%). is stated in the document.
The European Commission notes some progress regarding the rule of law but recommends that Bulgaria:
- Take measures to adapt the relevant legislative framework to avoid the long-term temporary appointment of judges to fill vacant positions, taking into account European standards.
- To advance the draft legislative amendments aimed at improving the functioning of the Inspectorate of the High Judicial Council and avoiding the risk of political influence, in particular by involving the judicial authorities in the selection of its members.
- Continue with plans to adopt a mechanism to introduce safeguards in the procedure for appointing the members of the High Prosecutorial Council elected by the Parliament, ensuring their independence and taking into account European standards, especially with regard to the Council's role in appointment and dismissal of the Attorney General.
- Guaranteeing stable results of investigations, prosecutions and final decisions in cases of corruption at the highest levels of power, as well as effective work of the Anti-Corruption Commission.
- To improve the integrity of senior executive positions, taking into account European standards, in particular by ensuring that there are clear standards of government integrity, as well as an appropriate sanctioning mechanism.
- Continue work aimed at improving transparency in the allocation of state advertising, in particular with regard to state advertising commissioned through intermediaries such as media agencies.
The report noted "comprehensive constitutional reform to improve the independence of the judiciary and address long-standing concerns" adopted in 2023.
Concern was expressed about the "significant number of independent and regulatory bodies that continue to operate with expired mandates".
"The constitutional reform limited the powers of the Attorney General, thus addressing long-standing concerns. The mechanism for effective accountability and criminal responsibility of the Attorney General and his deputies was used in practice and is now enshrined in the Constitution. No progress has yet been made in establishing of reliable tracking of corruption cases at the highest levels of government. According to experts and business leaders, the level of corruption in the public sector remains high. In the Corruption Perceptions Index for 2023, Bulgaria receives 45/100 points and ranks 26th in the European Union and 67th in the world," emphasizes the EC.
"Concerns continue to exist about the lack of sufficient safeguards to ensure the independence of the media regulator. In the latest Monitoring of Media Pluralism / MMP / the independence and effectiveness of the media regulator in Bulgaria received a risk rating of 37%, which remains unchanged compared to 2023 d. The regulator indicated that it was facing pressure from some politicians and political parties. The CEM noted that due to its budget, it had difficulties in attracting employees in view of the proposed low salaries. In the Monitor of Media Pluralism for 2024, it is noted that in December 2023, a general amendment to the Constitution was adopted in the Parliament, which aims to guarantee greater independence of regulatory bodies, such as the CEM," the report also states. | BGNES
