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Changes to Judiciary Act
13:00 Thu 29 Jan 2004 - Staff Reporter
 
PARLIAMENT, after a marathon debate, approved at first reading the amendments to the Judiciary Act proposed by the Government.
According to the amendments, all meetings of the Supreme Judiciary Council (SJC) will be open to the public except for the cases when it discusses disciplinary matters related to magistrates.
The amendments also provide for public announcement of the policies of the SJC.
They were initiated at the request of Valeri Dimitrov, a National Movement Simeon II (NMSII) MP, who said that taxpayers' interests were involved. Dimitrov said that the judiciary was not accountable to anyone.
Justice Minister Anton Stankov said he supported the idea in general, but it was not applicable in reality, because the meeting hall of the SJC was too small to accommodate all who would want to attend.
According to the new act, a fifth of the members of the SJC would have the right to demand the removal of magistrates or the stripping of their immunity. Until now, only the Prosecutor-General's Office had this right.
The new amendments suggest that an organ different from the prosecution could start a case against the Prosecutor-General if he or she commits a serious crime.
The amendments to the Judiciary Act changed the mandatory term after which magistrates cannot be removed from their position from three to five years in the same post.
The draft amendments provide for the limiting of magistrates' immunity only to what is termed "functional" - they would be free from civic and criminal responsibility only for acts relevant to their work.
The amendments to the Judiciary Act were approved with 150 votes in favour, and seven abstentions.
The amendments are aimed at relating the law to provisions in the constitution regarding the immunity of magistrates, and their terms of office.
According to the draft amendments, the SJC should replace all heads of the organs of the judiciary by the end of March this year.

- Staff Reporter
 
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