The independence of Bulgarian judges is questioned

The independence of judges in Bulgaria's legal system remains an issue, the latest European Commission report on the country warns according to BNT. The document, due to be released on Wednesday, scrutinises the nation's progress in dealing with problems pertaining to chapter Justice and Internal Order over the past five years. It cites independent observers identifying organised crime as a fundamental challenge.

The report points to instances when appointments of judges by Parliament and the Supreme Judicial Council (SJC) were oblique and marred by accusations of exertion of political influence. Special attention is paid to the dismissal of judge Miroslava Todorova, seen as an example of inconsistency in disciplinary jurisprudence. Another problem is the widely diverging work schedules of the courts in Sofia and the rest of the country and the fact that judges often take a long time to clarify the justification behind their judgement. In this way, the report says, many of the magistrates are committing a technical breach. The fight against organised crime has been stepped up since 2010, with the law enforcement taking a more active role. The problem is yet to be addressed with compelling results in the pre-trial and trial process. There are still a great number of pending and protracted cases and organised crime presents a fundamental challenge for both state and society in Bulgaria, independent commentators say.

The report acknowledges the creation of specialised units in the law enforcement, the investigative authorities and the special court tasked with the fight against organised crime but says they fail to prove their efficiency. The court, for example, has been dealing with mostly low-profile cases till now because it doesn't have the power to prioritise the order of the hearings.

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