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European Commission singles out challenges to media and judiciary in Bulgaria

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The first ever report on the rule of law by the European Commission singles out challenges to media and judiciary in Bulgaria.

Corruption is an area of concern in Bulgaria and five other member states, Reuters informs. A reform concerning the accountability of the Prosecutor General and his or her deputies is ongoing. In the past years, the Prosecution service underwent a series of reforms, which aimed to restructure the service. Despite the progress, in Bulgaria, the combination of the powers and position of the Prosecutor General exerts considerable influence, as the Prosecutor General may annul or amend any decision taken by any prosecutor which has not been reviewed by a judge, the report of the Commission on Bulgaria reads.

Despite the progress made, the composition and functioning of the Supreme Judicial Council has been subject of further debate. Notwithstanding previous reforms and progress, the situation of the SJC has been identified as a source of concern by the Council of Europe.

The Commission recommends that Bulgaria implemented more efficiently the anti-corruption strategy. A solid track of records of final convictions in high-level corruption cases remains to be established.

Lack of transparency of media ownership in Bulgaria is considered a source of concern. The legal framework against political interference in the media does not explicitly forbid politicians from owning outlets. It is reported that the ownership of several media outlets is closely linked to political actors in Bulgaria, even if not officially owned by them.

Obtaining access to public information remains difficult in Bulgaria, despite increasing number of open public data sources. It appears that some independent journalists and publications have been forced to use access to information requests in order to communicate with certain institutions, the report notes.

Attacks on journalists are frequently reported. In particular, stakeholders denounce smear campaigns against independent and investigative journalists who are exposing corruption cases.

During the Covid-19 pandemic, the Parliament tried to change the Criminal Code in order to criminalize disinformation. The state of Emergency Act included amendments to the Criminal Code providing for a prison term of up to three years and fines of up to EUR 5100 for disseminating untrue information about the spreading of the infectious disease. Although there was no definition of false information, citizens were threatened with the imposition of heavy fines and imprisonment. In this light, experts, journalists and citizens would be forced to engage in self-censorship.

Bulgaria thanks the Commission for this report. The report is positive, objective and clearly outlines the results of cooperation with the EU, this country’s Minister of Justice Desislava Ahladova commented, quoted by BTA.  Minister Ahladova reminded that Bulgaria has been working on changes that would guarantee independence of the judiciary and added that the authorities are seeking wide political support to implement these policies.

The reports on each member state will be discussed by the European Parliament and the Council. Later, Commissioner Didier Reynders will visit the member states. Then, the ministers of justice of all EU countries will begin joint consideration of the Commission’s conclusions, the reporter of BNR in Brussels Angelina Piskova informs. 




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