BULGARIA’S PARLIAMENT PASSED THE CONSTITUTIONAL AMENDMENTS AT THIRD READING

On 16th of December, Bulgaria’s Parliament passed at third and final reading the draft law on amendments and additions to the Constitution of the Republic of Bulgaria’s tabled by the Chairperson of the Parliament, Tsetska Tsatcheva and a group of MPs.

Voting took place by roll call and by standing up of MPs from their seats.

189 MPs voted in favour of the constitutional amendments, 39 voted against and one abstained.

The MPs from the group of Bulgarian Socialist Party (BSP) – left Bulgaria voted against. Korman Ismailov from the Reformist Bloc (RB) abstained. Reformist Bloc MPs Radan Kanev, Atanas Atanasov, Peter Slavov, Martin Dimitrov, Grozdan Karadjov and Vili Lilkov did not participate in the vote.

The justice minister Hristo Ivanov, who resigned last week, was present at the time of the voting in the plenary hall.

The changes to the Bulgarian Constitution envisage the division of the Supreme Judicial Council (SJC) into two colleges – one of judges and one of prosecutors. 11 of the total 25 members of SJC will be elected by Parliament by a majority of two-thirds of the MPs votes. The college of judges will consist of 14 members and will include the chairperson of the Supreme Court of Cassation and the chairperson of the Supreme Administration Court, six members directly elected by the judges and six members elected by Parliament.

The college of prosecutors will consist of 11 members and will include the Prosecutor General, four members elected directly by the prosecutors, one member elected directly by the investigators and 5 members elected directly by the National Assembly.

The amendments envisage cancelling of the provision according to which the decisions of the SJC for appointing, promoting, demoting, transferring and removing from office of judges shall be made by secret vote.

The Inspectorate to the Supreme Judicial Council shall inspect the activities of the judiciary bodies and shall check the integrity and conflict of interest of judges, prosecutors and investigating magistrates.

The changes also include enhancement of the accountability of the Prosecutor General. The National Assembly will be able to hear and accept other reports of the Prosecutor General on the activities of the Prosecutor’s Office regarding the application of law, combatting crime and implementation of penal policies.

The new texts also provide for the inclusion of the Supreme Bar Council into the circle of bodies, allowed to approach the Constitutional Court, when a law infringes human rights and freedoms.

On the date this law enters into force, the elective members of the SJC will finish their mandate.

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