LESS than half of the members of Parliament approved at first reading the amendments to the Judiciary Act implementing constitutional amendments providing for the irremoveability, terms of office and functional immunity of judges.
The urgent changes to the Judiciary Act were demanded by Justice Minister Anton Stankov and European Affairs Minister Meglena Kuneva after Guenther Verheugen, EU enlargement commissioner, said last week that Bulgaria and Romania might have problems with their accession to the EU in 2007 unless they made urgent changes to their judiciary system.
In an interview with the BBC, Verheugen said that he did not expect Bulgaria and Romania to have perfect administrative systems, but they had to prove their commitment to the Copenhagen criteria for membership, in this case those regarding stability of institutions guaranteeing democracy and rule of law.
"Every candidate should convince the European Commission that it is carrying out the Copenhagen criteria," Verheugen said.
When the amendments to the Judiciary Act come into effect, the Prosecutor-General will be obliged to present to Parliament, the Government and the President a report on the implementation of laws.
The heads of the Supreme Cassation Court (SCC) and the Supreme Administrative Court (SAC) and the Prosecutor-Peneral would be elected by a secret ballot, with more than two thirds of the votes of the Supreme Judiciary Council (SJC). Candidacies for the positions may be promoted by the Justice Minister or by at least one fifth of the SJC members.
The three head magistrates could be dismissed prematurely only if they turn 65 years of age, resign, are sentenced for serious premeditated felony, or because of physical disability, will not be able to carry out their duties for a year or more.
The term of office of the three senior magistrates could be terminated prematurely if they are involved in serious violations, systematic failure to carry out their duties or actions damaging the prestige of the profession.
With the introduction of functional immunity, the magistrates would be exempt from penal and civic responsibility for their actions or decisions in line with their duties.
The magistrates cannot be arrested unless for a serious crime and only with the permission of the SJC.
A request for such a decision should be motivated by the Prosecutor-General or at least one fifth of the SJC members.
After five years in office, and after receiving a positive evaluation, judges will not be subject to removal from their posts.
The amendments to the Judiciary Act also provide for the establishment of a permanent Commission for proposal and reference at the SJC.
The commission would be responsible for the appointment, transfer and dismissal of less senior magistrates.
The question of the efficiency of the investigative services and their becoming a part of the executive power, however, remained untouched by the current amendments to the Judiciary Act.
For several weeks there has been a discussion among MPs whether amendments to the constitution in this regard should be made by a Grand National Assembly or by an ordinary session of Parliament, and when a Grand National Assembly should be convoked.
National Movement Simeon II (NMSII) MPs are insisting that the Grand National Assembly elections be held after the end of the term of the current Parliament in 2005, while the right-wing opposition argued that they should be held as soon as possible.
The Bulgarian Socialist Party, which currently has the highest chance of winning the elections, is firmly opposing any major changes to the constitution.
The Movement for Rights and Freedoms has a similar position.
- Staff Reporter
The urgent changes to the Judiciary Act were demanded by Justice Minister Anton Stankov and European Affairs Minister Meglena Kuneva after Guenther Verheugen, EU enlargement commissioner, said last week that Bulgaria and Romania might have problems with their accession to the EU in 2007 unless they made urgent changes to their judiciary system.
In an interview with the BBC, Verheugen said that he did not expect Bulgaria and Romania to have perfect administrative systems, but they had to prove their commitment to the Copenhagen criteria for membership, in this case those regarding stability of institutions guaranteeing democracy and rule of law.
"Every candidate should convince the European Commission that it is carrying out the Copenhagen criteria," Verheugen said.
When the amendments to the Judiciary Act come into effect, the Prosecutor-General will be obliged to present to Parliament, the Government and the President a report on the implementation of laws.
The heads of the Supreme Cassation Court (SCC) and the Supreme Administrative Court (SAC) and the Prosecutor-Peneral would be elected by a secret ballot, with more than two thirds of the votes of the Supreme Judiciary Council (SJC). Candidacies for the positions may be promoted by the Justice Minister or by at least one fifth of the SJC members.
The three head magistrates could be dismissed prematurely only if they turn 65 years of age, resign, are sentenced for serious premeditated felony, or because of physical disability, will not be able to carry out their duties for a year or more.
The term of office of the three senior magistrates could be terminated prematurely if they are involved in serious violations, systematic failure to carry out their duties or actions damaging the prestige of the profession.
With the introduction of functional immunity, the magistrates would be exempt from penal and civic responsibility for their actions or decisions in line with their duties.
The magistrates cannot be arrested unless for a serious crime and only with the permission of the SJC.
A request for such a decision should be motivated by the Prosecutor-General or at least one fifth of the SJC members.
After five years in office, and after receiving a positive evaluation, judges will not be subject to removal from their posts.
The amendments to the Judiciary Act also provide for the establishment of a permanent Commission for proposal and reference at the SJC.
The commission would be responsible for the appointment, transfer and dismissal of less senior magistrates.
The question of the efficiency of the investigative services and their becoming a part of the executive power, however, remained untouched by the current amendments to the Judiciary Act.
For several weeks there has been a discussion among MPs whether amendments to the constitution in this regard should be made by a Grand National Assembly or by an ordinary session of Parliament, and when a Grand National Assembly should be convoked.
National Movement Simeon II (NMSII) MPs are insisting that the Grand National Assembly elections be held after the end of the term of the current Parliament in 2005, while the right-wing opposition argued that they should be held as soon as possible.
The Bulgarian Socialist Party, which currently has the highest chance of winning the elections, is firmly opposing any major changes to the constitution.
The Movement for Rights and Freedoms has a similar position.
- Staff Reporter
