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Viewing cable 07SOFIA168, BULGARIAN CONSTITUTIONAL AMENDMENTS: ANOTHER ATTEMPT AT

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Reference ID Created Released Classification Origin
07SOFIA168 2007-02-08 14:38 2011-08-26 00:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Sofia
VZCZCXRO2078
PP RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA
RUEHLN RUEHLZ RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHSF #0168 0391438
ZNR UUUUU ZZH
P 081438Z FEB 07
FM AMEMBASSY SOFIA
TO RUEHC/SECSTATE WASHDC PRIORITY 3177
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
UNCLAS SOFIA 000168 
 
SIPDIS 
 
SIPDIS 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PGOV KJUS KCRM EUN BU
SUBJECT: BULGARIAN CONSTITUTIONAL AMENDMENTS: ANOTHER ATTEMPT AT 
JUDICIAL REFORM 
 
REF: 06 SOFIA 250 
 
1. (SBU) SUMMARY:  Bulgaria's latest batch of constitutional 
amendments, approved [insert date] attempt to reform Bulgaria's 
dysfunctional judicial system by creating an OIG-like entity within 
the Supreme Judicial Council.  (The sentence does not track as 
originally written) Building on earlier  core amendments???, seen as 
a precondition????  for EU membership, the new changes seek to 
strike a balance between judicial independence and accountability. 
While 2-3-4 amendments, particularly those providing for fiscal 
decentralization and abolishing conscription, are non-controversial, 
critics have zeroed in on changes affecting the judiciary. 
Opponents predict limited  effectiveness and warn that 
establishment of a judicial inspectorate chosen by parliament could 
lead to political interference.  END SUMMARY. 
2. (U) On February 2, the National Assembly adopted a package of 
amendments with a particular emphasis on reforming the judiciary. 
This is the fourth change in the country's basic law, and the third 
in less than four years aimed specifically at increasing the 
transparency and accountability of the judicial system.  The 
European Commission criticized the last revisions, adopted in March 
2006as injecting ambiguity  into magistrates' independence (reftel). 
 The Commission's October 2006 report recommended that Bulgaria 
address the shortcoming, identifying it as one area that could 
potentially trigger EU safeguard clauses. 
3.  (SBU) The new amendments, adopted with broad political support, 
strive to find a middle ground between judicial independence and 
accountability.  The Parliament confirmed the Supreme Judicial 
Council (SJC) as the sole governing body over the judiciary, 
solidifying its independence.  At the same time, MPs limited the 
magistrates' immunity to functional ??what, making it easier for 
judges, prosecutors, and investigators to be prosecuted for actions 
outside their official capacity.  The parliamentarians' most 
controversial decision was to establish an 11-member inspectorate 
within SJC to check and monitor the judiciary's work.  The 
inspectorate's members will be elected (or selected ??  what is list 
of candidates; by majority vote, super majority?) by Parliament to 
four-year terms and will have  authority to investigate all judicial 
operations except those pertaining to case merit.  Many leading 
judicial figures openly expressed skepticism about the new body's 
efficacy, highlighting its unclear mandate, its vulnerability to 
political pressure, and the existence of a similar inspectorate 
within the Ministry of Justice. Judges confided to us serious doubts 
the new body will make much of a difference, especially in what they 
characterized as the hierarchical - and often corrupt -- system 
where the leadership "does not want to hear the word transparency." 
Various EU embassies have warily eyed the judicial amendment, 
uncertain of its usefulness or practicality. 
4. (U) Along with judicial reform, the new constitutional amendments 
also allow fiscal decentralization, enabling municipalities to set 
local taxes and duties within the boundaries of the law; abolish 
conscription and provide for a fully professional army as of January 
1, 2008; give parliament budgetary independence; and eliminate the 
requirement for a quorum to be present in parliament, except during 
actual votes. 
 
5. (SBU) COMMENT:  While some of the constitutional amendments seem 
of dubious merit, others unequivocally represent positive 
developments.  Fiscal decentralization has been a goal of USG 
assistance for many years, with USAID-supported projects actively 
advocating for more local budgetary autonomy.  The limits on 
magistrates' immunity should, over time, increase judicial 
accountability and allow the system to rid itself of some of its 
negligent and corrupt members.  The inspectorate, if staffed by 
dedicated, reform-minded officials, should help speed the 
administration of justice, lessen internal resistance to change, and 
limit the corruption that hobbles the system's effectiveness. 
Implementation of the judicial reform will serve as a de facto 
litmus test of how well the system self-regulates, but on balance 
the amendments overall are a step in the right direction.  END 
COMMENT 
 
KARAGIANNIS