18 October 2023
At a Snail’s Pace
By 1 April 2018, member states had to transpose an EU Directive on ‘the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings’. Bulgaria has not fully transposed it to this day, and consistently undermines it. Now, finally, the Commission has launched infringement proceecings. Preceding the announcement, the Commission rejected Rasosveta Vassileva's reasoned complaints on the same issue, as late as 2022. Her odyssey is a concerning tale on how EU institutions handle citizen alerts. Continue reading >>
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13 June 2023
Bulgaria’s Mafia State and the Failure of the CVM
Recent events in Bulgaria have brought the true extent of its rule of law decay to the fore. The wars between the highest-ranking prosecutors in the country, public testimonies by participants in crime syndicates implicating senior magistrates and politicians, and the brutal murders of potential witnesses against organized crime demonstrate that the line between organized crime, the judiciary, and the political apparatus is increasingly difficult to draw. In this post, I argue that the current escalation of Bulgaria’s rule of law crisis lays bare the European Commission’s continued mismanagement of the Cooperation and Verification Mechanism (CVM). Continue reading >>
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18 August 2022
Extradition to Russia from an EU Member State
On 8 August 2022, a Bulgarian Regional Court, acting as a first instance, allowed the extradition of Alexey Alchin, a Russian national, to Russia upon the request of the Russian Prosecutor’s Office. This controversial decision sparked much debate among Bulgarian civil society because Alchin became known for burning his Russian passport at a protest against the Russian invasion of Ukraine in February 2022 and for maintaining anti-war stances. In the eyes of Bulgarian civil society, the request for his extradition is politically motivated. Continue reading >>
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29 April 2022
Bulgaria’s Failed Specialized Criminal Justice Experiment
On 14 April 2022 Bulgaria’s Parliament adopted legislative amendments, which finally put an end to the Specialized Criminal Court and its mirroring Specialized Prosecutor’s Office. Both institutions were set up during Boyko Borissov’s first term as Prime Minister in 2011 and severely undermined the rule of law in Bulgaria. The creation and development of these structures was encouraged and marked as progress by the European Commission, which calls into question the Commission’s ability to objectively monitor the rule of law in its Member States, to recognize threats, and to give adequate recommendations. Continue reading >>18 March 2022
Impunity
On 10 March 2022, Bulgaria’s Supreme Judicial Council decided unanimously to postpone examining two requests for the dismissal of General Prosecutor Ivan Geshev from office. This decision is not merely a procedural trick with questionable legality. It provides further proof that the Supreme Judicial Council has unhealthy dependencies and is one of the main reasons why a General Prosecutor of Bulgaria can abuse his office and commit crimes with impunity. Continue reading >>
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04 November 2021
Yellow Light for Disciplining Inconvenient Judges?
The case of the disciplinary proceedings against the Bulgarian judge Miroslava Todorova (Requête no 40072/13) which has recently been examined by the European Court of Human Rights (ECtHR) caught the eye of those following the rule of law decay in the European Union. On the surface, it appears that the recent ECtHR judgment on Todorova’s case is a mere example of the ‘Justice delayed is justice denied’ legal maxim – after all, the application was submitted in 2013 and the Court ruled against Bulgaria only in 2021. However, a closer look reveals that the ECtHR found in favor of Bulgaria on the two most worrisome questions. Continue reading >>
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09 June 2021
Framing and Raiding
In early June 2021, Bulgaria’s Prosecutor’s Office raided the Ministry of Interior and raised charges against a senior employee. According to the Minister of Interior Boyko Rashkov, the goal of the Prosecutor’s Office is to sabotage an inquiry into illegal wiretapping. A similar raid against the Bulgarian Presidency in July 2020 sparked mass protests. Bulgaria’s Prosecutor’s Office has an unrestrained authority that is used as a weapon against the opponents of the status quo. Continue reading >>
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12 May 2021
Short but Sweet
On 11 May 2021, Bulgaria’s President Rumen Radev issued a decree appointing a caretaker government, which means that the dissolution of the 45th National Assembly is imminent. This National Assembly, which was first convened on 15 April 2021, was rather short-lived, but it paved the way to fairer elections and much needed reforms in the justice system which civil society demands. Continue reading >>
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05 March 2021
COVID-19 in Autocratic Bulgaria
In a prior article, I explained how the Bulgarian Prime Minister Boyko Borissov was using the COVID-19 emergency in spring 2020 as an opportunity to implement measures curtailing fundamental rights and solidifying his autocracy. Subsequently, Borissov’s GERB party enacted questionable amendments to the Law on Health permitting the executive to usurp powers traditionally conferred onto Parliament in Bulgaria’s constitutional order. Continue reading >>
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07 December 2020
Borissov’s Latest Plan to Avoid True Reforms
Borissov’s government is attempting to use the 2020 country report by the European Commission to deliver yet another blow to Bulgaria’s rule of law by putting forward an action plan which allegedly addresses the Commission’s concerns. Moreover, a shocking proposal that became public on 3 December 2020 revealed plans for a reform that would essentially allow the General Prosecutor to choose who will investigate him. Continue reading >>
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