The National Assembly passed four amendments to the Constitution on second reading on January 26. The amendments relate to reform in the country’s judicial system, the decentralisation of municipalities and the abolition of conscript military service, among others.
One of the mosts sensitive issues was the amendment that created a special body within the Supreme Judicial Council (SJC). This body, called the Inspectorate, will monitor the operation of judicial authorities. This monitoring, according to the MPs from the ruling majority who supported the amendment, will happen without infringing on the judges’, jurors’, prosecutors’ or investigators’ independence in the performance of their functions.
The ruling majority is formed by the Bulgarian Socialist Party, National Movement Simeon II (NMSII) and the Movement for Rights and Freedoms.
However, MPs from the right-wing Union of Democratic Forces and Democrats for a Strong Bulgaria said that the Inspectorate will break the balance between the three branches of power. No such body existed in any other European Union country, MPs said.
Georgi Petkanov, Minister of Justice from the NMSII quota, did not follow the party line and said that the creation of the Inspectorate, which will observe his work, was a useless move. The same opinion was shared by the chairmen of the Supreme Administrative Court and the Supreme Court of Cassations, Konstantin Penchev and Ivan Grigorov. However, the setting up of the Inspectorate was reasoned by the ruling majority with the need for transparency in the judiciary.
According to the amendment, the Inspectorate will consist of a chief inspector and 10 inspectors. MPs will elect the chief inspector by a two-thirds majority for a five-year term. The inspectors will be elected, likewise, for a four-year term. The 11 members can be elected for a second term, though not consecutively. Parliament will approve the Inspectorate’s budget as part of the budget of the judiciary. The Inspectorate will act in its official capacity where concerns the initiative of individuals, legal persons or state bodies, including judges, prosecutors and investigators. The Inspectorate will submit an annual report to the SJC.
This amendment gathered 183 out of 240 votes in its support, only three votes more than the minimum required for its adoption.
A law is to regulate the terms and procedure of election and dismissal of the chief inspector and the inspectors, as well as the Inspectorate’s organisation and activity.
A reason for harsh debates was the majority’s decision to cancel the Justice Minister’s power to inspect the organisation of case institution, movement and completion. Charges may be levelled against judges, prosecutors and investigators without the SJC’s permission – an option banned by the Constitution until present. Judges, prosecutors and investigators can be arrested, according to the amendment.
What remained unchanged by MPs was the following definition: “Upon exercise of judicial power, judges, prosecutors and investigating magistrates shall not incur criminal or civil liability for the official actions thereof and for the acts decreed thereby, save where what is done shall be a premeditated offence at public law.”
The National Assembly will hear and adopt the annual reports of the Supreme Court of Cassation, the Supreme Administrative Court and the Prosecutor-General, submitted by the SJC, on the operation of the courts, the prosecuting magistracy and the investigative authorities. The effective provision stipulates that Parliament hear and adopt the annual reports of the presidents of the Supreme Court of Cassation and the Supreme Administrative Court and of the Prosecutor-General on the application of the law and on the operation of the courts, the prosecuting magistracy and the investigating authorities.
Another amendment that drew great public attention was about MP quorums. Per the new text, the National Assembly will open its sittings and pass acts when more than half of the MPs (in this case 121) are present, according to the second-reading amendments. This eliminates the present requirement for a set quorum during the sittings, except for their opening and voting on acts of Parliament.
The rest of the time, no one has to be present in the debate chamber except the chairman and the MP who is speaking.
That way, MPs hope to avoid any more cases of postponed sittings because of lack of MPs present. Such cases have happened several times, compromising MPs’ work in the eyes of the public. Stories about the permanent absence of certain MPs from parliamentary sittings have become something regular for Bulgarian-language media.
Another amendment provides for the National Asembly to have its own separate budget. According to Lyuben Kornezov, chairman of the Ad-Hoc Committee on Amendments to the constitution, the independent budgets of the judiciary and the municipalities were enshrined in the constitution.
Another amendment provides for financial decentralisation of local government. The municipal councils will set local taxes and fees according to the terms and procedure and within the limits set by law. The transitional and final provisions of the amendments give Parliament one year after the promulgation of the amendments to pass any laws relating to their implementation. This amendment received support from 210 MPs with only one against.
As for Bulgarian youth, MPs abolished military conscription, since the Bulgarian army is to become fully professional. The last conscription is to take place in March and will affect Bulgarian males born in 1983. A total of 190 MPs voted for deciding for the conscription to be replaced with military training; 39 MPs voted against.
A new law on judiciary has to be adopted by the end of March.
