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Discussion on the Future of the Supreme Judicial Council - Outcomes

22.03.2012

The impending need for changing the constitutional provisions regarding the judiciary was the topic of a discussion organized by RiskMonitor Foundation, which took place yesterday in Radisson Hotel, Sofia. It is high time for radical changes in the Supreme Judicial Council.

For Mr. Daniel Valchev, former Vice Prime Minister in the coalition government of BSP, NDSV, and DPS, and Member of Parliament from political party NDSV, the Council has amassed too much power; in his view, this conditions the lack of transparent and accountable decision-making practices of the Council. Valchev further stated that the Supreme Judicial Council is in dire need of leadership. In his opinion, this is entirely the responsibility of all ministers of justice until now. Valchev argued that it is necessary to develop a comprehensive set of rules for the election of judges to the Supreme Judicial Council, in order to guarantee the transparency and accountability in the institution’s work.

According to Pencho Penchev, former member of the Constitutional Court, in order for any reforms to take place, there must be changes in the Bulgarian Constitution. In her commentary, Rada Smedovska, a RiskMonitor Expert, pointed out one of the greatest defects of the current composition of the Council, namely, gathering in one place judges, prosecutors, and investigators. The legal community is unanimous in advocating for urgent changes in the structure, statute, and election procedures for the Supreme Judicial Council. However, there is no consent on what is the best way to implement such changes.

Find out more about the proposed changes in the Law on the Judiciary regarding the election of members to the Council and the Council’s composition, made by the Union of Judges in Bulgaria (in Bulgarian).

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