The National Assembly finally adopted large-scale changes to the Law on the Judiciary (JAC) on the second reading.
The main focus of the texts is the drastic limitation of the powers of the current composition of the Supreme Judicial Council (SJC), whose legally determined mandate has already expired.
Stop to new staff positions and competitions
With the voted changes, the deputies imposed a complete ban on personnel reshuffles by a council with an expired mandate. The bodies of the SJC no longer have the right to open new staff positions, open and hold competitions for the promotion or transfer of magistrates. The only exception that the law allows is for the appointment of junior judges, prosecutors and investigators, as well as in procedures for reinstatement.
Enhanced judicial control is also being introduced. Any interested person, as well as the Minister of Justice, will be able to appeal the decisions of the Plenum and the collegiums of the Supreme Judicial Council within 14 days. The cases will be considered on a random basis by three-member panels of the Supreme Administrative Court (SAC) or the Supreme Court of Cassation (SCC).
Sharp debates and accusations of “hijacking“ the reform
The voting in the hall took place in conditions of heavy political sparks between the ruling and opposition parties. From “Democratic Bulgaria“ defended the texts with the argument that it prevents the possibility of the public quota becoming a party quota, while taking into account the opinions of professional communities.
At the same time, “Progressive Bulgaria“ and “Continuing the Change“ criticized the final version of the bill. According to them, the changes were “emptied of content“ during the committees and do not represent the real judicial reform that society expects. The opposition in the face of GERB and “Vazrazhdane“ opposed the idea of NGOs having a role in nominations for the council, stating that this was the exclusive prerogative of parliament.
Pressure from the Ministry of Justice
The adoption of the law coincided with an extraordinary appeal from the acting Minister of Justice, Nikolay Naydenov. He called on the Supreme Judicial Council to immediately suspend the procedures for new states just hours before the final promulgation of the texts, defining these actions as an attempt to circumvent the spirit of the law.
After the last paragraph is voted on in the chamber, the National Assembly prepares the final clean text of the law.
Issuance of a decree by the President: The law is sent to the head of state, who must sign a decree for its promulgation (official issuance). The President has the right under the Constitution to impose and veto (to return the law for new discussion) if it finds unconstitutional texts or imperfections.
Publication in the State Gazette: After the signing of the presidential decree, the changes are published in the State Gazette.
Entry into force: Laws usually enter into force 3 days after their promulgation, unless the law itself provides for another specific date or a deferred effect for certain provisions. [