The highest judicial administrative body in Bulgaria, the Supreme Judicial Council (SJC), received a clear warning from Justice Minister Margarita Popova to draw a line under its atmosphere of plots and intrigues and improve. On September 11, Popova met 25 SJC members in what was billed as a briefing on her meetings at the European Commission’s headquarters in Brussels the previous day. Instead, SJC members heard the first open criticism of their work from one of their own number.

Popova asked the SJC to stop acting passively, become more pro-active and, above all, adopt transparent policy-making when making appointments or amending laws.

Although the SJC has been criticised before, this was the first time its members were given such a clear ultimatum to change. Until now, the SJC has been censured mostly about its appointment policy, mainly by NGOs, magistrates and lawyers. These complaints have met with sympathy from one or two SJC members such as Konstantin Penchev, chairperson of the Supreme Administrative Court, but other than the few frank interviews he gave to the press, nothing seemed to ruffle the equilibrium of other SJC members whose five-year term expires in 2012.

The change of government in July this year put a new party in power, one that is yet to build up its positions within the judiciary. This new party, GERB, appointed a well-respected prosecutor as Justice Minister, not a judge or a lawyer as has been the case since 2001, suggesting that this time its machinations could become more transparent. A good example was the fact that when Popova called the September 11 meeting with the SJC to brief them on her visit to Brussels a day earlier, she allowed reporters to be present.

Popova asked the SJC if they had the will for radical reform, for transparency in its work, accountability before the public and magistrates on its appointment policy and for better communication with other judicial bodies. "Until the magistrates’ community feels there is transparency, honesty and openness in SJC’s work, changes in the judiciary will not occur. If this does not happen, we could be replaced," she said.

Such an open warning may seem strange, but not in the case of the SJC which has proven invisible in its role as the highest body in Bulgaria’s judiciary and continues to be the troublesome child of Bulgaria’s transition from communism to democracy.

Unlike other occasions, however, the warnings from Popova, who had just received the European Commission’s support in her actions as minister, were met not with denial and arrogance but by the SJC’s nominal understanding. Lazar Gruev, chairperson of the Supreme Court of Cassation, described Popova’s words as "catharsis for the system". Other SJC members also said that she had a point and that the body had to demonstrate the will to change. The SJC’s first chance to do this will be during the discussion on the draft project of a new Penal Code. This has to be ready by the end of October.

What is the SJC?
The Supreme Judicial Council appoints, promotes, transfers and dismisses judges, prosecutors and investigating magistrates all of whom are subject to disciplinary sanctions and dismissal. The SJC organises the training of judges, prosecutors and investigating magistrates and adopts the draft budget of the judiciary. Its meetings are chaired by the Minister of Justice, who is not entitled to a vote. It consists of 25 members and sitting on it ex officio are chairpersons of the Supreme Court of Cassation and the Supreme Administrative Court as well as the Prosecutor-General.