THE ruling coalition, made up of the Bulgarian Socialist Party, the National Movement Simeon II (NMSII) and Movement for Rights and Freedoms, have agreed on a draft bill of constitutional changes.

NMSII floor leader Anelia Mingova said this to Bulgarian-language media on December 20.

The draft was scheduled to be tabled in Parliament on December 22 after discussion with opposition parties, Mingova said. 

Opposition parties would be able to make proposals, but only within the framework of the draft approved by the ruling coalition.

The changes are focused on the judicial system and affect most of all the Prosecutor-General, who will lose his complete independence.

According to the draft, the National Assembly will have the power, provided there is a two-thirds majority vote in favour, to dismiss the Prosecutor-General.

The same will apply to the chairpersons of the Supreme Court of Cassation and the Supreme Administrative Court.

These three officials will be subject to dismissal by Presidential decree. A Presidential veto may be overruled by Parliament, provided there are 160 votes in support of such a motion. Parliament has 240 seats.

Such a dismissal may be requested by one-fourth of MPs.

The draft bill imposing control on the Prosecutor-General’s actions is in line with European Commission recommendations.

A previous decision by the ruling coalition said only that the judges would have to present annual reports to Parliament.

According to the draft, the three judicial office-bearers may be dismissed on the grounds of physical incapability to exercise duties, violation of the law, and neglect of duties. The three judicial office-bearers will continue to be appointed by the Supreme Judicial Council by Presidential decree after a hearing in Parliament.

The report on Bulgaria voted on by the European Parliament last week suggested that the country should make changes to its constitution to draw a clear line between the Prosecutor-General’s Office and the investigation service.

Another suggestion was to make it possible for there to be anti-corruption investigations within the judicial system. More control over the Prosecutor-General and his deputies was recommended, as well as the need for presenting regular reports on their activities.

The future constitutional changes will create a legal basis for some of the amendments to the recently-adopted new Criminal Code. This provides that the police will take over most of the functions of the investigation service.

Another amendment concerned the authority that the Prosecutor-General will have over the investigation service.

The position of ombudsman will also be included in the constitution when the changes are completed.

The immunity of MPs will also be affected by the changes. It will be limited so that MPs may be prosecuted for minor criminal offences. The current version of the constitution does not permit the detention of Members of Parliament, except in the cases of grave criminal offences carrying penalties of imprisonment for more than five years. However the current procedure, which allows only Parliament to remove an MP’s immunity, will remain in place, to avoid an abuse of power.

For the same reason, the immunity of judges from prosecution will also remain unchanged.

The draft bill includes a procedure for control of magistrates regarding the way that cases are processed.

Mingova said that the first reading of the constitutional changes would be held on January 22 and the draft would be adopted by March 2006.