The first ever national conference of magistrates in Bulgaria was held on November 17 and 18 at Sofia’s National Palace of Culture. President Georgi Purvanov and US ambassador John Beyrle were among the prominent figures who addressed the more than 1500 Bulgarian magistrates who took part in the event. Other participants included Justice Minister Georgi Petkanov, Chairperson of the Supreme Court of Cassation Ivan Grigorov, Chairperson of the Supreme Administrative Court Konstantin Penchev and Prosecutor-General Boris Velchev.
The national conference was the first of its kind to gather judges, prosecutors and investigators and was modelled on two similar conferences for judges held in 2004 and 2005. It was organised by the Supreme Judicial Council and the United States Agency for International Development’s (USAID) Judicial Strengthening Initiative for Bulgaria, which is implemented by the East-West Management Institute.
Purvanov said criticism of magistrates was not always justified. “The Bulgarian people see many criminals free, but we must also appreciate that there also are some who are indeed punished,” Purvanov said.
What was most important, he said, was for the judicial system to improve day by day.
Purvanov spoke of the need for much more work in court reform as well as among Bulgaria’s politicians. He called for a change in politicians’ attitudes towards the court. Much more respect was needed for the status and the style of work of the courts, he said, adding that criticism should not take the form of generalisations. He said that ongoing reform and continuous changes should not become a justification for laziness among magistrates who could not or did not want to take the responsibility the public gave them. Purvanov said that he hoped that the judicial system would shed judges who did not safeguard the public’s interests.
USAID has been helping Bulgaria’s judicial reforms since the early 1990s, said Beyrle. The agency has contributed more than $600 million over the past six years towards democratic institutions in the country. USAID has been observing with great interest Bulgaria’s reforms on its way to the European Union, Beyrle said. He said that he would like to see American people living in Bulgaria, as well as Bulgarians themselves, feeling secure and protected.
Beyrle said that he saw considerable improvement in the amount of political will in the country. Perhaps most important in regard to the justice system, he said, was the fact that Bulgaria had a new Prosecutor-General who had already proved his determination for fundamental change in Bulgaria’s judiciary system. Beyrle praised recently adopted legislation on money laundering and confiscation of property. He noted how different law institutions were working together more closely more often. Until recently, he said, prosecutors, investigators, and police were constantly passing the buck to each other. This was now seen much less, he said. However, he emphasied that there was much more work to be done.
Most importantly, all levels of organised crime should be pursued – the small fish and the big fish. “The arrogant power of the mafia must be broken, the mafia bosses must be behind bars, and their property confiscated straight away,” Beyrle said.
Fast and decisive actions were needed in corruption cases - arrests and sentences. Without this, Beyrle said, the Bulgarian people would never trust in their country.
He said that there was corruption in the US, too. But there people had a sense of assurance that the corrupt would be caught and punished. Beyrle said that USAID’s help would not cease after Bulgaria joins the EU on January 1 2007. The agency will continue monitoring Bulgaria’s success and reforms in the judicial system. “The US is behind you and believes in your future success as a EU member, as a free and just democratic country,” he said.
“Dealing with other people’s fates is not a profession, it’s a mission,” said Deputy Speaker of Parliament Lyuben Kornezov, who also addressed the participants at the conference. A lawyer himself, he said that he did not accept “the constant accusations of the past 15 years towards the judicial system, especially made by people who have never had even one court case”. Moreover, he believed strongly in Bulgarian magistrates’ will to overcome difficulties related to current reforms. Kornezov said that while he was not happy with the quality of laws in Bulgaria, even a bad law in the hands of a good magistrate would be good.
Petkanov focussed on Bulgaria’s future and upcoming judicial reforms. As Bulgaria is at the EU’s doorstep, the country cannot afford to slow down reforms, he said. Draft bills on the judiciary and for compensation of victims of various crimes were positive developments for the future, he said. Petkanov agreed with EU observers who have said in the past that the most difficult change is that of mentality. He said a change was required in how magistrates approach their jobs.
Velchev summarised the current state of the judicial system. He agreed with Kornezov’s view that laws in Bulgaria were of poor quality. Velchev said that investigative bodies also were hampering reforms. Like Beyrle, Velchev called for better communication and co-ordination among various law enforcement agencies. He declared his determination to remove “bad-quality employees within the judicial system”. The change should begin with prosecutors, Velchev said. Nonetheless, the appointment of new prosecutors would be unnecessary, he said. Instead, restructuring would “relieve the system of unnecessary bureaucracy”.
Velchev mentioned the high cost of judicial reform. He said that if necessary, the constitution should be changed to enable faster and more efficient judicial reform. Velchev declared his determination to prove that the Prosecutor-General’s office could handle more responsibility.
At the forum, specific groups working in the judicial sector, as well as magistrates, were able to visit specific plenary sessions to discuss questions related to their particular professional interests.
