The Temporary Parliamentary Committee on Legal Affairs discussed and adopted three draft amendments to the Judiciary Law (JLA), which provide for limiting the powers of members of the Supreme Judicial Council (SJC) whose mandate has expired.
This was summarized by BGNES.
The PP draft was supported by 22 members of the committee, two voted “against“, without “abstentions“.
The DB draft received 21 votes „for“, two „against“ and not a single „abstain“.
The draft of the PB was supported by 23 deputies, with no votes „against“ and „abstain“.
Yanka Tyankova told journalists that today's first meeting of the legal committee was extremely constructive. "We set the right tone. I cannot commit to specific deadlines", she said.
The first bill was submitted by Velislav Velichkov and a group of MPs from the „Continuing the Change“ (PP) parliamentary group. The second was submitted by Nadezhda Yordanova and MPs from the „Democratic Bulgaria“ (DB) parliamentary group, and the third – by Olga Borisova and MPs from the Progressive Bulgaria Party (PB).
At the beginning of the extraordinary session, the chairwoman of the temporary parliamentary committee Yanka Tyankova stated that the expectations for the MPs are extremely high. She emphasized that it is a serious challenge to start work on the JSA.
“I sincerely hope that the political talk that was in the National Assembly will not be transferred to this committee and will give way to a normal tone and moral qualities“, Tyankova stated.
She expressed hope that the tone of work in the committee will be transferred to the plenary hall.
PP proposals
The floor was given to the submitter of the first bill – MP from the PP Velislav Velichkov. According to him, it was possible to wait another day before the committee meeting.
He explained that the bill aims to settle the issue so that after 25-30 years the parliamentary quota in the Supreme Judicial Council would not be party and political.
Velichkov was categorical that the judiciary must be independent and free from political influence.
Later, he stated that the proposed moratorium contains a “loophole“, since the appointments and dismissals of administrative heads and their deputies are not affected.
“Attestations of administrative heads and their deputies are not affected“, he added and highlighted the “unclear wording on secondment“.
What the State Duma proposes
Nadezhda Yordanova presented the bill to the State Duma. She pointed out that the first group of amendments concerns the procedure for electing members of the Supreme Judicial Council and its Inspectorate.
“In our proposal, we aim for the persons elected by the parliament to be members of the Supreme Judicial Council to be a public quota“, Yordanova said.
She specified that it is proposed to open the nomination procedure, with law faculties and the Supreme Bar Council also being able to make nominations.
Yordanova added that restrictions are also proposed on the ability of the Supreme Judicial Council with an expired mandate to make important decisions, giving the example of Spain, where similar restrictions have also been introduced.
Among the proposals are also limiting some of the powers of the Prosecutor General and reducing the size of the judiciary.
Olga Borisova presented the draft law to the PB.
She drew attention to the fact that it provides for new rules for verifying the professional and moral qualifications of candidates for Prosecutor General, President of the Supreme Court of Cassation (SCC) and President of the Supreme Administrative Court (SAC).
The bill also limits the powers of the SJC with an expired mandate to make personnel decisions.
It is also envisaged that the presidents of the supreme courts and prosecutors general cannot be elected as members of the SJC within seven years after leaving office.
Among the other proposals are a ban on the SJC with an expired mandate:
- to determine the composition of courts and prosecutors' offices;
- to appoint or dismiss magistrates;
- to adopt by-laws and codes of ethics.
Support and criticism
The Ministry of Justice stated support in principle for all three bills. Support was also expressed by the Supreme Court of Cassation, the Supreme Administrative Court and the Union of Judges.
During the meeting, it became clear that the Union of Judges will present a detailed reasoned opinion in a short time.
GERB-SDF MP Raya Nazaryan stated that the parliamentary group will support all three bills.
“I believe that a slightly longer period should be given between the first and second reading and a working group should be formed. I welcome the speed with which they are acting, but it should not be at the expense of quality“, said Nazaryan.
The Chairperson of the Parliamentary Group of the DB Nadezhda Yordanova also stated that they would support all three bills.
The Deputy Chairperson of the Parliament and MP from the PP Stoyu Stoev indicated that the PB would receive their support, but also expressed concerns about the lack of changes in the procedure for the parliamentary quota and the ambiguities surrounding the choice of the professional quota.
He emphasized that although a moratorium is being introduced, it is of a recommendatory, not mandatory, nature.
The Deputy Chairperson of the Parliamentary Group of the “Vazrazhdane“ Petar Petrov noted that all three bills provide for the election of members of the Supreme Judicial Council and its Inspectorate.
“It is all right and all of them will be supported by me in the committee“, he said.
Petrov pointed out that the bills have similarities with the views of “Vazrazhdane“ on the judicial reform, but noted the lack of proposals for a different opinion regarding the nominations in the draft PB.
He also criticized the short deadlines between the first and second readings, stating that this reminded him of the practices of previous parliaments.
In response, the chairwoman of the committee, Yanka Tyankova, stated that she did not agree with the need to delay the procedure.
“I wonder for so many years why we don't have a JSA that is working“, she said.