The Bulgarian Parliament has started a debate on constitutional amendments aiming to cut the power of the prosecutor-general and limit the role of the president in forming caretaker governments.
The draft amendments proposed by lawmakers from three parties on October 6 gathered 161 votes in favor -- not enough to be adopted by a fast procedure but enough to start a slower process. It envisions a new vote in two to five months in which 160 votes would be enough for adoption of the changes.
The amendments, proposed by We Continue The Change – Democratic Bulgaria (PP-DB), GERB, and Movement For Rights And Freedoms (DPS) -- which together support the government -- aim to curtail the power of the prosecutor-general to ensure the independence of judges.
“Key features of the rule of law are fair justice and an independent and fair court. These are the main objectives of the proposal for changes to the constitution,” Justice Minister Atanas Slavov, who defends the changes, told lawmakers.
But the opposition Bulgarian Socialist Party, There Is Such People, and the pro-Russian Vazrazhdane party criticized the amendments.
The draft amendments envisage the division of the Supreme Judicial Council, which appoints and dismisses judges and prosecutors, into two separate councils -- one for the judges, where members appointed by the judges themselves would have majority, and one for the prosecutors, where members nominated by the parliament would have a majority.
SEE ALSO: After Russia's Invasion Of Ukraine, Bulgaria Is Rapidly Trying To Modernize Its Armed ForcesThe aim is to ensure the independence of the judges while limiting the influence of the prosecutor-general, who is member of the prosecutors’ council.
The draft amendments also envisage changes to limit the prosecutor-general’s influence over prosecutors.
But the amendments have been met with criticism by the leadership of the prosecution, which expressed concern that they would allow political influence in the appointment of prosecutors.
Representatives of the judges have welcomed the idea for a majority of the judges on the Judicial Council but have criticized other provisions, including the idea to allow the heads of the two supreme courts and the prosecutor-general to be re-elected for a second five-year term instead of being in the post for only one seven-year term.
“Is this some kind of test? If they had fulfilled the necessary orders, they are elected again? And if they had not, they are not elected,” said Tatiana Zhilova, head of the biggest judges’ association, the Union Of The Judges In Bulgaria.
A majority of the members of the Supreme Judicial Council has also criticized the amendments, saying they show different treatment of judges on the one hand and prosecutors on the other.
The amendments also aim to limit the powers of the president in forming caretaker governments in the country that was governed by caretaker governments appointed by President Rumen Radev for most of the past two years.
Among the proposals is to limit the president’s choice for caretaker prime minister to the speaker of the parliament, the head of the Constitutional Court, and the head of the Bulgarian National Bank. The president currently can choose whomever he wants.
The proposition drew criticism from Radev and his advisers.
Bulgaria has long been considered one of the most corrupt European Union members, a dubious honor connected to the judiciary's lack of independence.
The prosecutor-general has long been viewed by both domestic and international critics as a blunt tool of the ruling elite to block investigations into their own members and target their opponents.
Washington and Brussels have for years been leaning on Bulgaria, which is also a NATO member, to reform the judiciary, including trimming the prosecutor-general's sweeping powers, and strengthening the judiciary’s independence.
Bulgaria's parliament in June adopted a mechanism for the independent investigation of the prosecutor-general, a move welcomed by international watchdogs. But it has not been put in practice, sparking debate over its effectiveness.