Why is our judicial system at a crossroads again? Why is the election of a new government of the judiciary of key importance and will show which path will be chosen - that of free will and professional judgment or that of addictions? Commentary for bTV by the Minister of Justice Nikolay Naydenov.
In his words, the judicial system is a great challenge for every lawyer who sees what is happening in it.
„It represents a great challenge for every lawyer who has touched this system and who sees what is happening in it“, said Naydenov.
He indicated that he has political support to work for changes in the sector.
„You saw for yourself that the first presentation of part of the program in the „Justice“ sector was made together with the Prime Minister. This speaks volumes about the support I have from him, from the entire cabinet, as well as from the parliament“, the minister said.
When asked if he was ready to fight battles for change in the judicial system, Naydenov replied: “Yes, I can fight battles, I already do.“
The minister was also asked about the words of the former French ambassador to Sofia, Xavier de Caban, who more than ten years ago spoke about “rotten apples“ in the Bulgarian judicial system.
“Then there was an immediate institutional reaction based on highlighting certain dependencies. "I don't want to comment on how the matter ended then, but unfortunately things haven't improved since then," said Naydenov.
According to him, the reason is that the judicial system has started to "produce scandals" and dependencies and to live her own inner life in the form of independence.
„The judicial system began to produce scandals, began to produce dependencies and began to live an inner life in the form of independence“, he stated.
As an example of the problems in the system, Naydenov pointed to the case of Emilia Rusinova, whose resignation he insisted on while he was in another position.
„My opinion was and still is that while the disciplinary proceedings are ongoing, in which she has the opportunity to defend her good name and her work, she should not have any contact with the magistrates, with the work of the court, so as not to influence them“, the minister said.
According to him, the Supreme Judicial Council, or rather its prosecutorial college, did not share this position and Rusinova remained in her post. “Nevertheless, the proceedings there continue“, added Naydenov.
He described the problem with the Sofia City Prosecutor's Office as serious, since “so-called power cases“, corruption cases and other sensitive proceedings are concentrated there.
When asked if he was ready to face a system that, according to him, is accustomed to living with dependencies, Naydenov replied: “I am ready and I am already leading them.“
“This is a tough battle, because against me I have a system that is accustomed to living with dependencies, with the comfort of various influences that are supported by significant resources“, he said.
Naydenov was also asked whether figures from the past, associated with various schemes and dependencies in the judicial system, continue to influence it.
“Here, this is the thing we want to shed light on. These dependencies, because in order to cure the system, we must first expose its diseases“, said the minister.
According to him, within the framework of his powers as minister, he can create a mechanism through which dependencies can be established.
“Because without being aware of what has led to this, we cannot move forward. I am ready to do it, we are working on such a mechanism“, said Naydenov.
He also commented on the upcoming election of magistrates for their quota in the Supreme Judicial Council. According to him, there are indications of attempts to influence the election by representatives of the judiciary who hold leadership positions.
„The Ministry of Justice website has a form for submitting signals against attempts to influence the election of magistrates for their quota from the SJC“, he explained.““A signal has already been submitted for such influence and it will be forwarded to the competent authorities within tomorrow“, the minister said.“”He refused to reveal the identity of the sender, since the law does not allow him to do so, unless the whistleblower himself wishes to do so.“”But I can say that the signal is from a candidate for a member of the SJC“, Naydenov pointed out.“”In his words, the signal is serious if the allegations of pressure to vote in a certain way turn out to be true. true.
When asked what the guarantee is that the new composition will not repeat the mistakes of the old one, the minister replied that no politician can guarantee for another person that he will remain honest and honorable throughout his term.
„There is a way to create a mechanism for these people to be controlled. Their actions should be subject to control and these balances in the system, without affecting independence, should work in a slightly more transparent manner“, said Naydenov.
He also commented on the idea of the so-called vetting, which he spoke about in the summer.
„I do not like this term vetting. This is a foreign word that has entered recently and it really concerns a judgment. "How well a magistrate has done his job, how much he has taken advantage of his position of power, and if any dependencies are established, he should be released," the minister explained.
According to him, European experience shows that this mechanism does not yield results in the countries where it has been implemented.
Therefore, the approach chosen by the Ministry of Justice is to put the people who led the system on a "slightly lower priority" basis.
Naydenov pointed out that the first step has already been taken with the adopted changes to the Judicial Power Act. “The people who were at the highest level – "...general prosecutors, people in the supreme courts and their deputies, are not entitled to run for the current SJC."
“They need to cool down their power ambitions a little by staying outside these power resources“, he said.
The next step, according to him, is to apply a similar mechanism to administrative leaders in prosecutors' offices and courts. They will be assessed whether they have fulfilled the criteria set out in the concepts with which they were elected, as well as whether they have properly performed their managerial functions and have not abused their power.
If it is found that they do not meet the requirements of the law, through the so-called attestation, they can step back and become ordinary magistrates.
At the end of the conversation, Naydenov also commented on the pardon of the convicted Ognyan Atanasov, known as the “Petrich Iceberg“, by President Iliana Yotova.
Regarding the pardon, the minister said that he should be cautious in his comments, since, according to him, the presidential election campaign has already begun.
“I would comment on the fact that Facebook justice is part of parallel justice and it should not be allowed. Even less can Facebook trolls become jurors,“ said Naydenov.
He explained that he could only speak with facts about the actions of the Ministry of Justice in the case.
According to him, by order of the then Minister of Justice, in coordination with the Minister of Health, a commission was appointed to assess the health condition of the prisoner.
“The commission itself carried out its assessment and provided its expertise. I cannot tell you specifically what it says, since this is personal data protected by law, but I can tell you briefly what the conclusion is – that there is a serious risk to the life and health of the person deprived of his liberty“, the minister said.
The expert report was sent to the commission in the presidency.
Naydenov was also asked about the claims of Asen Vassilev that there are five more people connected to drug distribution who were pardoned by Iliana Yotova as vice president.
When asked what the basic principle should be that should guide the institutions when granting pardons, Naydenov replied:
“Pardon is a constitutional principle and it is not only in Bulgaria. I am also surprised that this issue is being raised now and that is why I am linking it to the election campaign.“
Listen to the entire conversation in the video.
Source: btvnovinite.bg