Parliament adopts amendments to the Constitution at second reading

MPs adopted the amendments to the Constitution at second reading on December 19. After 6 hours of debate, the MPs took the first step towards judicial reform, a number of laws are to be changed after the amendment of the Constitution. The powers of the Prosecutor General and the powers of the President in forming caretaker governments were limited.

After the tension in Parliament yesterday, there was a lull today. In the presence of all party leaders in the chamber, MPs took up the amendments to the Basic Law. "Vazrazhdane” and “There is Such a People” warned that they would file a complaint with the Constitutional Court and left the plenary, which they said was disrespected yesterday.

"It was desecrated yesterday by a rampaging bashibozouk (one whose head is turned, damaged head, crazy-head, roughly "leaderless" or "disorderly"). This same bashibozouk has now proclaimed himself a constitutional majority. A constitutional majority that is waving its fists in the chamber", said Kostadin Kostadinov, “Vazrazhdane” leader.

"The most pathetic ruling majority in the history of the Bulgarian Parliament will grab the saw and with foolish enthusiasm, with a slightly unfocused gaze, will cut the Constitution in a rough manner," said Toshko Yordanov, chairman of the “There is Such a People” parliamentary group.

The Bulgarian Socialist Party (BSP) remained in the chamber and opposed the amendments.

"This Parliament has neither juridical nor political capacity, nor moral because of the level of trust it has to make changes to the basic law," said Kornelia Ninova, BSP chairwoman.

"Who are we supposed to ask – should President Radev be asked or should we ask you which Parliament is allowed to be legitimate. And if we continue to delegitimise the Parliament do we think there will be a next Parliament that will be more legitimate?" asked Hristo Ivanov of “We Continue the Change Democratic Bulgaria” (WCC-DB).

According to the changes, Bulgarians with dual citizenship can now become MPs if they have lived in the country for the past 18 months.

"What are these 18 months? Maybe two pregnancies is the time or two rotations," asked Radostin Vassilev, an independent MP.

"Our political system will get another chance to have people who have experience, have gained impressions of the culture of other countries," said Antoaneta Tsoneva, MP from WCC-DB.

In a caretaker government, a Prime Minister will be chosen from a list of people. After criticism from constitutionalists, the President of the Supreme Court of Cassation was excluded from this list.

The choice of caretaker PM will be between:

• the Speaker of the Parliament
• the Governor or the Deputy Governor of the Bulgarian National Bank
• President or Deputy President of the Audit Office
• Ombudsman or Deputy Ombudsman

"These are people who will not, figuratively speaking, be grabbed off the street by the President and be told: 'I am making you (caretaker) Prime Minister, you will listen to my will'," said Hristo Ivanov of WCC-DB.

"We are almost reaching a situation in which, in theory, the regular government can simply be transformed into a caretaker one," said Christian Vigenin of BSP.

The term in office of the Prosecutor General was reduced from 7 to 5 years without the right to a second term. Radomir Cholakov from GERB reacted against a text on the possibility of investigating the Prosecutor General.

"I think that our partners would not want the Bulgarian state to humiliate itself by writing in its Constitution that the Prosecutor General will commit crimes," he said.

The Supreme Judicial Council (SJC) is divided into two: a supreme judicial council with 15 members and a prosecutors’ council with 10 members, six of them elected by the National Assembly. This sparked an internal party dispute in "We Continue the Change".

Supreme Judicial Council - 15 members

• the presidents of the SCC and the SAC
• 8 members elected by the judges
• 5 members elected by the Parliament
• Prosecutorial Council - 10 members

Prosecutor General

• 2 members elected by prosecutors
• 1 member elected by the investigators
• 6 members elected by the Parliament

"There will be no need for a secret 'enter' button, everything will be open and will be approached politically. Seems we want to have a politically dependent prosecutor's office in our country," said Boyko Rashkov, a WCC-DB MP.

"At the moment, the Prosecutor General has the personnel baton in the Prosecutor's office and this is what we are trying to do - to take this personnel baton," Nikola Minchev replied.

"At law level, we will propose such edits that will certainly reduce the political quota, the political influence," said Atanas Slavov, Minister of Justice.

The acting Prosecutor General also commented that the Prosecutor’s Office is as important a state body as the courts.

"All judicial bodies - Prosecutor's Office, investigation and court - need to be independent, every magistrate should make their decisions based only on the evidence, the law and internal conviction," Borislav Sarafov said.

After six hours of debate, the constitutional majority adopted the draft law on amending and supplementing the Constitution.

"These changes will continue with amendments to the law on the judiciary and procedural laws, which will fully build the new elements in the construction of the judiciary," said Hristo Ivanov, WCC-DB.

"We give the court the opportunity for independence. At the same time, however, the public quota that the National Assembly will elect must be party-neutral," said Ekaterina Zaharieva, a deputy from the GERB-UDF group.

"We revised the texts. I think everything is fine, but let's go through everything tomorrow, I'm superstitious. Let's finish and then we will comment," said Delyan Peevski - chairman of the MRF group.

A third and final vote is due.

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