BULGARIA RECEIVED THE INDEPENDENT ANALYSIS ON THE WORK OF THE PROSECUTOR’S OFFICE

On 20th of December, Bulgaria’s Justice Ministry received the independent technical analysis on the structural and functional model of Bulgaria's prosecution service. The analysis was drafted by magistrates from 4 European member-states. It includes recommendations for expanding the powers of the Prosecutor General and removal of MP’s immunity from prosecution.

The text contains recommendations about the work of the prosecutor’s office as well as of the court, the Supreme Judicial Council and the Inspectorate.

The report recommends to further developing the accountability of the Prosecutor General to the National Assembly through regular meetings of a parliamentary committee with the participation of the leadership of the prosecution service. However, Parliament cannot control specific cases. The experts also think that it is necessary to establish a transparent procedure in the event that in future the Prosecutor General, during his term of office, be accused of perpetrating a serious criminal offence.

The report says that the delay of cases is due not only to shortcomings in the work of the prosecution, but also of the other participants in the criminal proceedings, including the courts. According to the international experts, most prosecutors work with little or no interference from above. They recommend the powers of the administrative managers and the prosecutor general to be enhanced.

Bulgaria’s Prosecutor General Sotir Tsatsarov commented he was satisfied with "some of the things written" in the report and that part of the report was not what he expected. He added that it was as unbiased as possible in many aspects. The experts offered a package of recommendations to all branches of power, including the National Assembly. Regarding the organization of the prosecuting magistracy, Tsatsarov said some recommendations were a large step back. He also noted that some recommendations were about strengthening the powers of administrative leaders, including the Prosecutor General.

The Head of European Commission Representation in Bulgaria Ognyan Zlatev said that the document was not bound to the mechanism for cooperation and verification. He noted that the technical assistance was requested by the Bulgarian authorities, so it was up to them to decide what the next steps after the foreign experts’ analysis would be.

The report also focuses on the courts. The experts question whether Sofia city Court is the most appropriate to deal with the corruption cases and say there are arguments they should be moved to the Specialised Court. There are also recommendations for changes in the criminal laws.

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