One hundred days have passed from the term of office of the second Boyko Borissov government. Taking stock, the government says it has opened “a broad front of reforms” despite criticism from the opposition and businesses that this has actually failed to happen. There are a few sectors where reform is urgent and these include the Judiciary, combating corruption in high places and organized crime. Regardless of the temperate tone of voice in the European Commission report under the Cooperation & Verification Mechanism, recommendations are unambiguous:

"This report should be interpreted as a very careful expression of trust,” Minister of Justice Hristo Ivanov told Radio Bulgaria. “We have to bear in mind however that the interest on this 'credit of trust' is extremely high. If we fail to make good use of the time we have been given to carry out enough visible and substantial reforms, we should by all means expect a strongly critical report next time.”

The first among the 16 recommendations apply to the functions of the Supreme Judicial Council (SJC). The recommendation of the Venice Commission has been recalled about conflict of interest: it is not right when prosecutors and investigators take part in decision-making about the career development of judges.

"Moreover, in this Council the political component has a majority over the judge component”, Minister Ivanov goes on to say. “There are SJC members who have been appointed by parliament; they dominate over the representatives of judges and in this way limit the court's autonomy. There is a clear international standard that decisions about career development of judges should be made by a body in which judges hold a majority and have been elected by other judges. However the SJC reform has further dimensions. It should for the first time in Bulgaria set up a collegium of prosecutors and investigators. This will open doors for a collective process of administration of the prosecution devised to increase its efficiency. This is one of the key targets of justice reform. Secondly, the SJC reorganization should be followed by reforming the courts of justice.”

An authentic reform of justice is a matter of political and institutional responsibility, Minister of Justice Hristo Ivanov contends and points to the Judicial Reform Strategy passed in parliament.

"In connection with the Judicial Reform Strategy we have seen how a coalition of the unwilling has formed in parliament. No one is willing to oppose judicial reform. This makes clear there is nothing standing in the way of a constitutional majority emerging in parliament needed to pass part of reforms at SJC. Is a coalition of the willing to carry out reforms likely to emerge? We have seen there is no reason not to have a constitutional majority. The question is to focus on nationally relevant issues and as far as they are concerned it does not matter who is part of the majority and of the opposition. Can we make judicial reform a national priority regardless of what party rules the country? Time will tell.”

Minister Hristo Ivanov specifies that the Judicial Reform Strategy covers a period of seven years. Anticipated changes should take place at different levels. It outlines a package of reforms in the model of administration of the Judiciary implying a new organizational structure of the prosecution, a new model for the courts of justice and measures to create a new penal policy, because so far combating crime has been too politically sensitive, concludes Minister of Justice Hristo Ivanov.

English Daniela Konstantinova