For the first time in so many years, we have a real chance to stop the dependence of the judicial system on oligarchic dependency and hence the lack of justice. The turning point in this is the election of new members of the SJC. Let the judges, prosecutors, investigators make their conscious choice that their independence is not unimportant. This was stated by Minister Nikolay Naydenov during the presentation of the section “Justice“ from the Program for Governance of Bulgaria, reported Novini.bg.
According to Naydenov, the goal is to break the long-standing influence of dependencies and oligarchic circles on the judicial system and to restore confidence in its independence. “For the first time in many years, we have a real chance to stop the long-standing control and subjugation of the judicial system by oligarchic circles, the creation and exploitation of dependencies and hence - the chronic lack of justice“, Naydenov said.
The Minister of Justice called on the parliamentary forces that share the stated goals for change in the judicial system to support the upcoming reforms. According to him, however, the efforts should not be limited only to the National Assembly. Naydenov identified the upcoming election of members of the Supreme Judicial Council from both the parliamentary and professional quotas as a turning point.
He addressed the SJC: “This SJC will determine the shape of the judicial system in the next five years. Do not succumb to pressure and do not become victims of petty calculations, do not be afraid of the giants in the judicial system, because they are dwarfs. The merchants of justice have no place in the temple of Themis. And those who sit in their offices should know that it is clear what they are doing”.
The Minister of Justice announced that a hotline for reporting irregularities in the judicial system is being opened. According to Naydenov, the government is abandoning the approach of partial and temporary changes in the judicial system. Instead, a comprehensive plan has been prepared that should transform the individual measures into a single national program with specific deadlines, political responsibility, sustainable financing, public accountability and independent monitoring.
“Our vision for judicial reform is based on three pillars - legitimacy, integrity, modernization”, Naydenov emphasized.
Within a few weeks, the Ministry of Justice will present new proposals for amendments to the Law on the Judiciary. Naydenov recalled that the first amendments were prepared urgently in order to make it possible to change the current composition of the SJC, which, in his words, has been functioning “for an indecent long time“.
The next stage of the reform will provide for higher criteria for magistrates, including candidates entering the judicial system for the first time. Increased requirements will also be introduced for career growth, holding managerial positions and evaluating the work of administrative managers.
A change is also planned for the system for attesting magistrates. The aim is for the assessment to provide a more realistic picture of the work of each judge, prosecutor and investigator through more adaptive criteria.
Among the stated priorities is ensuring transparent procedures for the upcoming election of the President of the Supreme Administrative Court and the Prosecutor General.
The government also intends to significantly limit long-term assignments in the judicial system. According to Naydenov, this mechanism has so far been used to circumvent the competitive process and to create unregulated influences and dependencies.
New mechanisms for fairer remuneration of magistrates' work will also be proposed. Naydenov specified that this is only part of the measures set, as the changes in the various institutes of the Judiciary Act will be introduced and adopted in stages.
The Minister of Justice announced that some of the problems in the judicial system cannot be solved only with changes in the legislation and therefore the management program also provides for constitutional reform. According to him, the proposals will be fully consistent with the powers of an ordinary National Assembly.
The Minister of Justice stated that a broad professional debate will be initiated on key changes in the judiciary. Among the main issues will be the way in which the composition of the Supreme Judicial Council is renewed, so as to guarantee continuity and at the same time limit political influence on the institution.
It is also planned to create a so-called unblocking mechanism that would prevent expired mandates from determining the shape of the judicial system for a long period.
„We will introduce constitutional mechanisms for challenging the acts of the Supreme Judicial Council. We will strengthen the possibilities for early release of members of the SJC in case of serious systematic failure to fulfill their duties“, Naydenov pointed out.
The proposals will also affect the role of the investigation within the judicial system, as well as that of the Inspectorate to the Supreme Judicial Council.
The Minister emphasized that constitutional changes cannot and should not be pushed through solely by the ruling majority. According to him, such a reform requires broad political and professional consent, sufficient time and a precise expert approach.
The Minister of Justice warned that the current moment is an opportunity to overcome dependencies accumulated over years. "If we do not unite now in the battle to regain justice, if we do not illuminate and overcome the dependencies that have been created for years, we will not have another such chance soon and we should not waste it," he said.
In conclusion, the minister spoke out against the politicization of judicial reform. "People expect justice, normality, predictability and retribution. We offer a partnership to achieve all this. We offer a professional and expert approach," added Naydenov.